We all know he’s guilty — even the majority of the New York appeals court that ordered a new trial for Harvey Weinstein knows it. That makes the 4-3 reversal of Weinstein’s conviction all the more infuriating.
Anyone who has ever watched a cop show knows how difficult it is to get a conviction in a sexual assault case. Yet the court’s majority found that the trial judge committed a “serious” error in allowing three women to testify about the alleged sexual assaults even though their claims were not part of the charges against Weinstein (referred to as the “Moulineaux witnesses”). goes). Without this testimony, the majority concluded that Weinstein could have walked.
Dissenting Judge Anthony Cannatro wrote that the ruling “jeopardizes decades of progress in this incredibly complex and important area of law.” What message does the decision of the New York Court of Appeals convey? In a new trial, the women whose testimony secured an apparently miraculous conviction will be asked to relive their experiences. And how are other sexual assault victims likely to react to this display?
Our systems have failed us so epically for so long that predators like Weinstein and Bill Cosby continued to pursue their victims unhindered for years. Donald Trump, convicted of rape in the E.Jean Carroll case, is still the GOP’s choice for president.
For years, Weinstein was too powerful to touch. When his powers waned, the police or prosecutors didn’t bring him down. The reckoning came when reporters finally found women brave enough to speak on the record.
Everyone remembers how and exhibitions set off an earthquake followed by a cultural tsunami. But, like other publications, the phone kept ringing. Many of the accusers were horrified, but also worried, not only by Weinstein’s long predatory career but also by the fact that Trump was still in the White House despite credible allegations of sexual misconduct, with tape-recorded confessions, less no. Encouragingly, it wasn’t just women making the calls. Sometimes men who witnessed abuse of women were whistleblowers.
Many, if not most, of those accused lost their jobs. However, in some cases, the companies that employed them were reluctant to take action. published several stories, for example, about alleged assaults by host AJ Calloway – the allegations spanned from 2003 to 2013. The women filed police complaints in New York, New Jersey and California. Calloway was arrested only once in New York but got away on a technicality. After publishing the first allegation in 2018, it took Warners a year – during which more accusers came forward – to part with it. (Calloway has denied any wrongdoing.)
It wasn’t long ago that some began to argue that #MeToo had gone too far – and perhaps in some cases it had. But it was surprising how accusations surfaced in academia, the restaurant and fashion industries, the arts. With the power of reporting — required, deeply researched reporting — to end careers, it seemed the times were changing. But still, for the most part, victims could only get a meaningful response from the press, rather than from their employers or their groups.
As time went on, the calls became fewer and farther between. It is difficult to say whether the workplace culture had changed or simply returned to the status quo. The hope is that men and women will continue to fight in the face of bad behavior, even though the stakes are high and results are hardly guaranteed.
More than 20 years ago, I asked Weinstein if he was worried about a reporter finally going on the record about his predictions. “They’ll never find me,” he said. He knew he had it all sewn up with his deep pockets, his lawyers and signatures on non-disclosure agreements. He knew others feared what he could do — and in some cases did — to his career.
Now the women in New York have failed yet again, but Weinstein still faces a 16-year sentence for rape in California. Thankfully, the law here is not as outdated and misguided as it is now in New York. Courts allow prosecutors to present evidence that shows a defendant’s propensity to commit sex crimes, even when those charges are not part of the crimes charged. California lawyers believe Weinstein will have a tough time getting his rape conviction overturned.
But think about this: In 2022, after Bill Cosby’s conviction was tossed, the Supreme Court refused to hear the case. If Weinstein’s conviction is upheld in California after being overturned in New York, might the court be inclined to decide the constitutionality of Mullenix-type witnesses in future sexual assault cases?
It is impossible to predict. But if that were to happen, what are the odds that Clarence Thomas and Brett Cavanaugh would give themselves up?
Credit : www.hollywoodreporter.com
