EXCLUSIVE

Paz de la Huerta Sues Harvey Weinstein for Sexual Assault

10:01 AM PT -- Weinstein's attorney, Benjamin Brafman, "It is our understanding that the Manhattan District Attorney's Office carefully reviewed Ms. De la Huerta's claims of sexual assault by Mr Weinstein many months ago and made a conscious decision to reject her as a complainant for obvious reasons."

He continues, "We also believe that her newly minted version of events including her new California claims are equally preposterous and unfortunately, the product of an unstable personality with a vivid imagination."

Paz de la Huerta is suing Harvey Weinstein for 2 alleged sexual assaults she says went down in 2010.

The "Boardwalk Empire" star has previously gone public with the accusations, but she's now filed a lawsuit. In the docs, she recounts meeting Weinstein at an NYC movie premiere on Dec. 7, 2010. She claims he offered a ride home to her apartment, and insisted on coming in because he didn't want to discuss business in her very public lobby.

According to the suit, once Weinstein got upstairs he threatened her career if she didn't have sex with him -- and then raped Paz.

She claims the 2nd incident went down on Dec. 23, 2010 ... when Weinstein called her to say he'd be waiting outside her building when she got home. In the suit, Paz says she decided to confront him, and drank heavily on the way home ... out of fear and depression.

The drinking is important because Paz says she was too wasted to consent to sex. She says when she got home and confronted him in the lobby, Weinstein "hushed her" and insisted on speaking in private ... in her apartment. Once inside ... she says he "again forced himself on [her] by performing unconsented vaginal intercourse through overpowering physical force."

Paz says they saw each other again in 2011 in his Four Seasons hotel room in Bev Hills. In the suit, which her attorney Aaron Filler says he filed Monday, Paz says Weinstein opened his robe and exposed himself as soon as she entered. She claims he invited her to have a threesome with another naked woman in the room, but rejected him and left the room.

Paz believes Weinstein retaliated by getting her fired from "Boardwalk Empire" -- and estimates his actions have cost her $55 million in earnings over her career.

She's suing him for assault, sexual battery and emotional distress. She's also going after the now-defunct TWC and the Four Seasons.

Originally Published -- 9:09 AM PST

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