2:13 PM PT -- A judge just granted Weinstein's legal team permission to publish the emails in the criminal case.

Harvey Weinstein says there are around 40 emails that will show he didn't rape one of his accusers.

Weinstein's lawyers just filed legal docs saying the emails show the accuser was not a rape victim, but rather a consensual partner in a relationship with him. We're told the 40 emails were sent just after the alleged rape, and the emails present a picture of a woman who was showing affection for him.

We're told Weinstein did not use a personal email, but rather one from The Weinstein Company and, when he was fired, the company wouldn't give him access to the account. His lawyers got access, but the bankruptcy judge issued a protective order prohibiting them from disseminating the emails.

Weinstein's lawyers now want permission to use the emails as an exhibit in a motion to dismiss the indictment, on grounds the Manhattan D.A. knew of the emails but never presented them to the grand jury that indicted Weinstein. His lawyers say that amounts to misconduct -- failure to present crucial evidence -- and warrants dismissal of the indictment.