The attorney for Harvey Weinstein said the indictment accusing the disgraced film producer of rape and other charges should be dismissed, because prosecutors did not present a grand jury with evidence that Weinstein had a consensual relationship with one of his accusers.

In papers filed on Friday, Weinstein’s lawyer, Benjamin Brafman of Brafman & Associates, argued that the Manhattan District Attorney’s Office did not present emails between Weinstein and one of three alleged victims, tied to his indictment that Brafman said could be read as “consistent with an ongoing, warm, friendly relationship” that carried on after his alleged 2013 attack, and not that of a rapist and his victim.