Read the comments and you will see that most recognize the significant legal issue that will have to be addressed in this matter, probably by the Judge and not the jury. Certainly, unwanted sex, groping, kissing or any other touching is a crime. But is telling a young woman that she will get a part if she sleeps with you, followed by her acquiescence in order to get the part, a crime? It will interesting to see what happens.
7
"Arguing that his accusers were involved with him in transactional relationships meant to advance their own careers. “It was consensual,” he said.
Sexual relations between a powerful man and women whose careers he can make or break can not be consensual, even if the absence of physical force, just as sexual relations between a professor and student, a boss and employee doctor and patient, President and White House intern, etc can not be consensual even if physical force is not involved.
Would a defense attorney argue that sexual relations between a professor and student were "transactional " and consensual, when the professor has the power to flunk a student, refuse to write her a letter of recommendation, etc, and that the student was involved in a transactional , consensual relationship in order to get a better grade, obtain a needed letter of recommendation, grant money ,or dissertation accepted ? !
17
This is why the defense rejected as many young women from the jury as possible—because young women in particular have a lived-experience understanding of the issue of sexual consent in imbalanced relationships.
10
Only a monumental ego would put the prosecution to the test of presenting its case. Hopefully there is an extremely expedited route to a ruling on the appeal from his conviction so he gets at least a taste of penitentiary life before his alleged multiple "health" issues close him down. Perhaps a reader who is a criminal lawyer can answer this question:In these circumstances is release on bond pending appeal automatic or discretionary with the court?
1
I recommend reading the opinion piece by Lupita Nyong'o wrote in the New York Times in October, 2017.
https://www.nytimes.com/2017/10/19/opinion/lupita-nyongo-harvey-weinstein.html
She tells the story: He harassed her and she ultimately said no to him. He left her alone. To quote her:
"I was silent for a while before I mustered up the courage to politely decline his offer. “You have no idea what you are passing up,” he said. “With all due respect, I would not be able to sleep at night if I did what you are asking, so I must pass,” I replied."
Life is often about transactions both in business and personal relationships. Women can't have it both ways. I am tired of hearing about all these Hollywood "victims" many who, in the end, were just negotiating their fame.
75
@Mariabraun
I read that article on Ms N'gongo and was impressed with her sense of self and self-worth. She seemed laser focused on her career and her values- she seemed un-baitable (excuse the invention).
Interesting that Mr Weinstein got the message when delivered so purposefully. He "knew" what he was looking for in a victim.
19
@Mariabraun
It's odd that Nyong'o, Uma Thurman, and Gweneth Paltrow are some A list stars who reported on turning him down. Rose McGowan and Asia Argento went along with it but their careers weren't helped by it. He's definitely a horrible person but if he ruined careers of the women who said "no" why did so many A list actresses (like the 3 above) have great careers despite rebuffing him while actresses who played the game (like McGowan and Argento) obviously weren't helped by it?
13
I think what made Lupita’s experience unique was less about her “moral fortitude” —certainly her NYT account doesn’t imply that she’s in any way morally superior to the other women that Weinstein raped—but her race. As a white male forcing himself on a black woman, there could be serious backlash to an interracial assault as many serial assaulters know. Statistics show that in the US, men tend to assert themselves sexually with women in their own racial group. Think Clarence Thomas and Anita Hill. Thomas certainly wouldn’t be stupid enough to discuss pornography and “public hair on a Coke bottle” with a white co-worker. If the Senate heard such a complaint, Justice Thomas would *never* have been on the Supreme Court; nor would President Bush Sr. have nominated him.
25
Regardless of the process now, or the result, this trial highlights how wildly unjust the current legal system is: Rich men like Weinstein skate by for years with the help of expensive lawyers helping them abuse the presumption of innocence, while less fortunate women and minorities are taken advantage with no real legal recourse. Our system is broken and it serves to abet one particularly vile class of pariahs: wealthy men.
129
It’s nice that Harvey and his legal team ditched the walker when they realized it wasn’t changing public opinion, but I thought they’d next roll him in inside an iron lung to see if that had any effect.
167
@Greg
As much as I find Weinstein abhorant, back surgery is difficult and it can take months to recover, including the use of a walker. I know through my own experience. I wish people would stop bringing up the walker and focus on the actual merits of this case.
37
Relevance because it speaks to character, your honor.
7
@Greg
Maybe that's Jeff Garlin, not Harvey. From watching "Curb" the other night they apparently are mistaken for one another.
6
I am right now reading Ronan Farrow's book "Catch and Kill" about Weinstein and the cadre of sexual perverts who inhabit the C-suites and boardrooms of the media giants and are protected by their own because of money, power, intimidation and pay-offs. This is more widespread and revolting than anyone could possibly imagine. The idea that any of this was consensual is utterly absurd.
243
@Jennene Colky Anyone who hasn't read the reporting detailed in that book (written with journalistic integrity) in some way, shouldn't comment on the Weinstein case. Because it would be coming from a place of ignorance.
It is quite simply impossible based on the actions of Weinstein over the course of multiple decades, that even a few of these cases were consensual. Weinstein made a point to ruin and intimidate the personal and professional life of anyone who even remotely tried to out the truth. He even co-opted the DA office in NY to help him out of a recorded audio conversation where he casually admits to being "used to" assaulting women. This does not even include all the players in the media corporate sphere who did their best to protect Weinstein. Those men are worse.
https://www.abc.net.au/news/2017-10-11/harvey-weinstein-full-transcript-of-audio-with-ambra-gutierrez/9037268
16
@Jennene Colky Listen to the Catch and Kill podcast to hear the victims’ stories in their own voices and actual recordings of him! It is riveting.
6
As a former employee, I think it is important for people to understand that these hotel rooms were usually presidential multi-room suites, which had a large a living room, office, dining room etc. People were told in advance this was his office while traveling and we did hold business meetings there. I think it shows these women were misled and did not intentionally go in to a typical hotel room with just a bed.
402
@Former
Thank you. If that’s true, you’ve highlighted a big reporting failure. One of the hardest things for me to understand was why so many “meetings” were occurring in hotel rooms, i.e. can you be more sketchy, Mr. Weinstein? Can you be more naive, aspiring actress?
73
@Former Seldom have I gone to a boss's hotel room when we were at a conference, or meeting to do work, and had him dressed in a robe, or even worse, much less.
Relaxed is one thing. Suggestive or provocation is another.
17
Ok that’s fair enough, but when he opened the door in his bathrobe, the thing to say is “oh, I’m sorry, I caught you at a bad time, I’ll come back when you’re fully dressed”.
10
Gonna be a blockbuster movie. One that Weinstein wishes he would have produced. Ditto for the one about Epstein.
As for the unfortunate victims, their stories will haunt them for the rest of their lives while we'll be seduced to watch.
Salaciousness sells. Always has, always will.
From what I've seen I believe that Weinstein could be guilty. But just as a matter of fairness I do not like this seeming increasing practice of prosecutors introducing unproven and unprovable allegations of prior crimes into a criminal trial.
Weinstein should be tried and perhaps convicted on the specific evidence of crimes for which he was indicted. The prosecutor shouldn't be able to bring up stuff from decades ago as "evidence" that he _probably _did it.
That's a significant step away from "beyond a reasonable doubt". That's fine for people like us who comment on stories. But that's not the standard that should be used in a criminal trial.
1
No doubt this guy is a very bad man.
But I’m still wondering how this trial goes beyond witch trial of people pointing fingers and into the realm of actual evidence proving things beyond benefit of doubt.
In other words, people should not get hopes up.
In Cosby’s case you had him pretty much admitting to using drugs on women.
So far there is a lot less backing evidence.
Beyond, just look at him, of course.
4
There is no excuse for sexual exploitation. That said, what i don't understand is why these women continued working for Weinstein, didn't they?
Sadly we live in a corrupt society, Harvey Weinstein has unlimited amout of cash, hires powerful lawyers and will get away from such heinous crimes and then move to a remote place.
Just look at trump !
1
Consensual? How about you are so scared about what this maniac is going to do to you that you 'acquiesce' in order to avoid being beaten or worse? Anyone who has been raped or almost raped, or forced to do things that are unspeakable, knows that sometimes it's impossible to fight back or attempt to flee and not get beaten up or even killed. To call that 'consensual' is crazy. We all know about 'the casting couch'. The fact that this has gone on in Hollywood for decades doesn't excuse it. It's just that finally these women have fought back. Weinstein used his position and his physical power (don't be deceived by his meek demeanor these days) to terrorize these women. Hopefully this trial will send him to prison for the rest of his life.
10
After an attack, it would be normal for someone to act friendly toward the beast to avoid being hurt more. Just duh.
How ridiculous to argue such self-protective behavior on the part of victims means consent to the heinous acts of a powerful goon.
18
He said - All of Them said.
5
Weinstein should be in prison for the rest of his pathetic life, but money buys good lawyers and he probably will not be. The same can be said of the current occupant of the White House who has king like control of our lives and will most likely be reelected.
Justice might be blind but it has a bitcoin account that will gladly accept gigantic bribes.
3
Wonder why this dude is still out and about for so many years and Bill Cosby is sitting in jail .
16
@Carlyle T.
Because Cosby drugged women, which means that there was absolutely no chance they consented. In the case of Weinstein, it can still be proved that the women gave a degree of consent. The case is about consent. It's not about coercion.
3
@Anti-Marx
Rape is rape, it could also be argued that Weinstein forced himself upon his "dates"in such a way that they could not get out of that situation from fear.
Perhaps in some instances with that feaf if they did not have sex with him that they would never get work again in their chosen field & with that vulnerability even after unwished for sexual relations with the big man they stayed in touch with him , can fear and intimidation also be a drug?
3
This is what I saw and presently see now:
Annabella Sciorra is an incredible actress with tremendous talent. She appeared in a plethora of TV series and movies.
And then Weinstein allegedly did what he did to her.
And she has not acted since.
Her spirit, her confidence, and personality has been destroyed. She has not been the same person since allegedly attacked.
I cannot imagine how many other lives this monster has permanently damaged because of his alleged sexual predatory and serial rapist acts.
59
@Marge Keller, if you check into the career arc of female 90’s and ‘00s stars, there are a suspicious number of them who suddenly went from uber-success/starring in everything to either disappearing career-wise...or winding up in mostly TV/small projects. It’s not exaggerating to say Harvey’s crimes changed movie history.
16
@Deering24
"Harvey’s crimes changed movie history."
Good point. In addition, he also probably irrevocably changed and destroyed many, many lives.
6
So Mr. Cheronis, do you expect a jury to believe that all these women are lying?
30
@ASD32 It doesn’t matter for him — either way, he gets paid.
2
Some women stick with their abusers because they believe they have no choice—-they are just not strong enough to extricate themselves from the situation, and have to play along for a while until they can escape.
This is especially true if the abuser is not only their employer, but someone with the power to blacklist them forever from their chosen line of work.
That may well be true about some of the women HW abused. But such behavior in no way changes the fact that their so-called “consensual relationships” with HW began with criminal, abusive attacks by the defendant. And it in no way obviates the perpetrator’s criminal liability.
The defense attorney has nothing. Nothing whatsoever —-except for one of the tiredest old clichés of privileged white patriarchy: “She enjoyed it. You can tell because she stuck around for more.”.
I hope the jury sees through such sophistry, and that justice will be done in this case
36
Where's his rocker, or did he realize that no one bought his act?
17
Does anyone not think that there is a single woman in Hollywood who would have been willing to sleep with Harvey Weinstein for the possibility of being in a movie?
12
I guess the walker was just a cynical prop clumsily used by a damaged man to evoke sympathy where none is deserved.
22
Very very horribly women have been subjected to this horrendous behavior by men of poor judgement for hundreds of years. Most of us have not just one but many stories to tell, from harassment all the way to rape. This does not mean all men are bad or all women are pure good and above bad behavior. I know from my own life I am now 71, looking back I was gravely mistreated, raped and abused by men who took advantage of me even to my objections. If I was that man and a woman said no to me I would stop with out question. That is simple respect and kindness. Where is respect and kindness now?
17
It is truly astounding that the three biggest creeps in the news today- Trump, Weinstein and Prince Andrew- all have a Bill Clinton connection. I don’t know how he sleeps at night
12
Not that astounding
2
@Steven - Jeffrey Epstein anyone?
4
This man is a disgusting predator. I am listening to Ronan Farrow's podcast Catch and Kill, in tears at the women's stories. No amount of jail time (in a real jail, not some cushy cell) is too much for Harvey.
14
Many years ago went I was a reasonably handsome guy I was allowed onto one of the big studio lots where I met with a female producer who clearly dangled a job in front of me in exchange for sexual favors. It would have been easy to comply and most likely I'd have broken into the film industry given that the production company was making box office hit after box hit. Women in powerful positions can behave just like men, just saying.
11
@Aspiring Filmmaker But she didn't force herself on you, did she? Yes, it's a gross power play and sexual harassment, but not the same as a violent rape where the victim is not given a choice.
31
@Aspiring Filmmaker That's because it's not about men or women – it's about power.
5
Ronan Farrow’s podcast Catch and Kill is an absolute must listen to understand what this is really about.
18
If you want to get everybody mad at you, read the following article by the NYT's libel lawyer, and follow his advice.
https://www.nytimes.com/2019/03/09/opinion/sunday/think-like-a-libel-lawyer.html
Think Like a Libel Lawyer
It’s the best way to keep an open mind in our “pick your side and stay on it” era.
By David McCraw
New York Times
March 9, 2019
Think of me as a story’s first and worst reader: doubtful, questioning, blind to subtlety, skeptical of the facts...
I try to look for the counternarrative that they could (and their lawyers will) build from the same set of facts. It’s a counterintuitive form of reading. It’s looking for the innocent explanation or the possibility that what appears to all the rest of the world to be nefarious may in fact just be a mistake made in good faith....
When the guy at the grocery store with 17 items cuts in front of you in the express line, maybe you don’t want to wonder whether he just honestly miscounted...
But for a libel lawyer, a little sympathy for the villain is almost an occupational requirement. And maybe it wouldn’t be a bad idea for all of us in the tribalized “pick your side and stay on it” era we are living in....
4
@Norman
Thank you for sharing that article
It is a reminder that critical thinking is a tool that would serve us well as it renders one to be availed to the facts without prejudice
Emotions just get in the way and, worst of all, leads to this very tribalism that we collectively find ourselves mired in
1
Did Harvey go to a faith healer?
It's a miracle! He can walk again.
19
There can be no doubt that Weinstein is a creep, who abused his power. It also pretty clear that many of his sexual relationships were abusive. All of this is awful but not necessarily illegal. If there is reasonable doubt whether he is actually a rapist, he will walk, as it should be in a rule of law country.
The real issue here is that this sort of behavior was and still is so widely tolerated - which is what the public conversation should be about. In my own line of work, I have always found it wrong that tenured professors are allowed to enter into romantic relationships with junior faculty and graduate students. Even when these relationships work out, they result in shifting power dynamics that make everyone affected uncomfortable at the very least.
There is a slippery slope that leads from a lax attitude towards workplace romance between superiors and subordinates to abusive power dynamics - irrespective of gender.
19
@EBurgett What "sexual relationships"?
These were rapes.
9
@Emily Levine
You and I can't know that. That's why there is a lawsuit. And without physical proof, Weinstein will walk if there is reasonable doubt about the witness' truthfulness. That's how things work in a rule of law country.
3
@Emily Levine
We don't know that. That's what there is a lawsuit. And if there is no physical proof and reasonable doubt, Weinstein will be acquitted. That's how the rule of law works...
Good for the prosecutors for continuing to reveal the size differentials between Weinstein and his accusers -- it allows each juror to imagine being in a room with an aggressive 300-pounder.
If only other prosecutors pointed out the same disparities in cases of intimate partner violence. Professional boxing does not pit fighters of different weight classes against each other in the ring. It would be considered grossly unfair, perhaps homicidal.
Listen up, prosecutors.
29
This story, as it unfolds, is really complicated. Do we know which studio owns the rights to his story...or even the Bill Cosby story?
2
I can't imagine any woman wanting to engage in consensual sex with Harvey Weinstein now or 20 years ago. The guy has always been a creep, both in looks and demeanor.
88
@Tom Q
I don't think the argument is that the consent was based on him being such a hottie.
2
No matter how your lawyers spin it Harvey, you are a predator. I hope the result is years of jail. The streets are not safe with you around.
49
@Frank
Hahaha, life is the only correct sentence
1
Time’s Up!
43
Is this a Netflix series?
What goes around comes around. One can only image the terror that Dershowitz is feeling after the incarceration of Cosby and the long arms of the law catching up to Epstein and Weinstein.
35
@Tony from Truro
Just look at his clients, now trump.
8
Why does some man do that ?
He had a gorgeous wife, with beautiful children, had Hollywood at his feet .
He could have gone to brothhell to support whatever he needed.
But, no !
So he ruined career of so many Women who said NO to him.
29
@B Sharp
Perhaps it´s not about the sex but rather about the power over another.
11
It's about violence to women. Ever heard about him in a fight with a man? He's a rapist; no remedy for that.
15
@B Sharp, it’s because he gets off on degrading women. Full stop
6
Will Weinstein's lawyers call Gwyneth Paltrow to the stand, I wonder, to offer an explanation of her consensual relationship with the man and whether or not it had any affect on her career?
Having spent 28 years in show business, I can say the best description of La La Land comes from Jane Hamsher who said, more or less, that Hollywood was founded by a bunch of short and unattractive bald men who wanted to get laid by a better class of people. (from Killer Instinct, I believe)
25
@Paul Longhouse Rape isn't "getting laid."
19
@Paul Longhouse
Weisntein is neither short nor bald. I think he's 6 feet with good posture (at least, twenty years ago).
Charlie Rose is neither short nor bald.
Kellen Winslow Jr isn't short.
Most of the sexual predators I've read about in the NYT are tall men. Perhaps they feel entitled to sex. Most short men I know are always ready for rejection.
6
I started to read the article and quickly found I couldn't stomach another detailed review of the allegations against Weinstein.
19
It is interesting that some of these comments by men demonstrate their inability to comprehend how traumatizing rape is to women. Particularly, a public figure that people admire and trust. When you are a victim, you blame yourself. You think you did something wrong. After that, you think well I deserved this. Given that men hold the power, women think men are right and women are wrong. How many of us grew up thinking men are the head of the household, company, business....so they know and women don't? That message is what children pick up on and live with their whole lives. Women are taught to turn their power over to men. Post Traumatic Stress Syndrome is real. Critical thinking, problem solving and decision making become impaired after trauma. Know the facts, men.
You can't really believe anyone would want to be with HW even for a career move.
57
@EJW
One of the things that particular inability to comprehend demonstrates is that, in all likelihood, those men have never themselves been raped.
Committed rape, maybe. Survived it, no.
Had they survived -- remember, many violated boys and men have, in despair, died by suicide or drug overdose -- they would understand the trauma that follows rape.
22
@EJW
You can't really believe anyone would want to be with HW even for a career move.
Ok, but Georgina Chapman married him, and she could have had any man she wanted. Very few of these men are lonely and single. Most have a lovely wife.
4
Long ago, I’ve learned that judging how a trial is going based upon news reports often leads to erroneous conclusions.
With that proviso, I am somewhat baffled that the defense has posited that the sexual relationships were consensual transactional relationships.
I do not know whether New York laws defines consent along the lines of effective consent free of coercion and what the definition of coercion might be. If consent induced by coercion vitiates consent, and if coercion includes causing harm to ones business, career or reputation, it seems the defense has admitted to sex without consent.
I would expect the prosecution to hammer this point home day in and day out, start to finish.
15
Here's a scenario for those readers who see no particular crime here, or who suspect the women invited this kind of predatory male behavior to score favors, like a role in a film: a professor at a renowned CA university meets young woman (me) at a cultural event, we discuss a project, we speak over the phone several times about the project, we agree to meet to discuss further. I go to his house, he informs me as I arrive that his wife is out of town, he makes tea for us, and proceeds to make lewd comments and then attempts to grope me, pushes me against the table I'm sitting at which leaves me no room to escape his probing hands. I reject his advances and leave. Nothing happened. No project either. Did I invite this? NO. Is this acceptable behavior on the part of the male, just because he is in a higher position? NO.
Women are not toys. Period.
114
@Bee Ann
What were you doing at his house? He has an office, correct? Don’t answer but surely you are aware a defense attorney would pose these questions in court.
4
@Lynn in DC
are you victim blaming?
regardless of the realism of a court room (i see what you're getting at), people generally trust each other, thats how the world works. e.g. we keep faith that the intrinsically worthless pieces of paper in our wallets and bank accounts will hold their value. e.g. we keep faith that our leaders will do the best for us
e.g. we trust the insurance companies in the sense that as we pay premiums, they will bail us out when things go wrong
people should not be blamed for having trust in other humans
when other humans break the trust you have given them, they are to be held accountable. not you
22
@Lynn in DC
Professor and students live in a bubble. Professors have a lot of power and influence over the future success of students. Professors make decisions on what project his/her students get, when students are ready to graduate. Majority of professors create a bond with their students, like parents to adult children, advising and encouraging students in working towards a common goal, that of the sucess of students and the project in which the students developed their skills. This mentor to student relationship promotes immense trust and respect between them. As in Bee Ann's posted comment, her experience is one of professor exploiting the trust and turned it into sexual predation.
10
C’mon people, anyone can have a bad back and believe me these can be painful and lead over time to different solutions.. He’s not on trial for a bad back.
Plus In his situation he would not be able to keep up his regular back exercises, especially the core strengthening with pelvic rotations.
1
@Larry N
Surely you jest.
No it's not about a possible bad back. It's about how all these guys suddenly develop a need for walkers and canes and an appearance of frailty when they go to court. Oldest trick in the book.
39
@Ilene Bilenky like being a reborn Christian, finding God in all this turmoil?
It will truly be a “perversion” of justice if somehow he is able to wrangle his way out of these charges.
6
@Bronx Jon
Wriggle his way out?
1
I preface the following by saying that I find their behavior completely inexcusable and repulsive and am a staunch advocate of victims’ rights. However, I find it compelling to consider that the most reviled offenders of the current anti-sexual assault movement are Black and Jewish (Weinstein, Epstein, Cosby, R Kelly...). How comfortable Americans are with hating men of these backgrounds.
6
@BMS Andrew Windsor, Bill Clinton, Donald Trump are just a few I can think of not of the backgrounds you call out. The difference is that Weinstein, Epstein, Cosby, etc, were in the forefront running their predatory schemes while molesting and raping women. It is callus, but one could say those men were the brains behind their crimes. While Clinton, Windsor, Trump etc, are the leaches who went along for the ride taking advantage of an easy situation, so to speak.
2
You bet Mr. Weinstein is the "master manipulator." When seeing the first photo of Mr. Weinstein using a walker I cannot be the first person whose immediate thought was Keyser Soze. Regardless if his back is issue is legitimate the fact he scheduled his surgery so close to his court date to convey a feeble, frail man is not beyond his manipulative powers. Here's hoping that his immense wealth will not rescue him this time from lady justice.
20
So the defense's position is, that if the women worked with or dated Mr Weinstein that proves that they couldn't have been raped?! So by that logic, does that means wives can never be raped by their husbands either?!?
If I were on the jury, I'd find that argument especially appalling.
47
Ronan Farrow's "Catch and Kill" describes, in detail, the horrific behavior of Harvey Weinstein. Bravo to those women who have the courage to come forward. They have risked their careers and their privacy in order to protect other women and bring this criminal to justice.
53
Were there others whose careers were advanced?
6
No one commenting here knows whether Harvey is guilty or not of these crimes.
But I'm frankly surprised and disheartened to hear all the support for Harvey. He may have ruined an untold number of lives and yet there is an intense desire among some to give him every benefit of the doubt. I really don't understand it.
36
@Sparky Why would you be surprised that people are giving Harvey the benefit of the doubt? That's the way it's supposed to work in our system. He's supposed to be "presumed innocent" until a jury reviewing evidence - presented properly and in accordance with the rule of law - says otherwise, not the media or the court of public opinion. The accusers and the accused will have their day in court and the jury will have its say. In the end, may justice prevail.
15
@AS Benefit of the doubt may be the wrong term. A fair number of people here seem to be suggesting without evidence that many of these women were clearly engaging in transactional sex to advance their careers.
I have been in the film business for many years. It is far more common that attractive women are preyed upon than they make a calculated decision to advance their careers through strategic sexual relations.
19
There is a powerful moment in the classic film, "Twelve Angry Men," when Lee J. Cobb's character -- the last holdout for a conviction -- implores his fellow jurors not to let the accused slip through their fingers. Confronted with the horrible implications of his own prejudice, Lee J. Cobb finally declares "Not Guilty."
The media, like Cobb's angry man, seems determined not to let Weinstein slip through its fingers. But in the absence of physical or other forms of corroborating evidence that any of the accusers were raped, and given the apparent existence of exculpatory emails that clearly indicate a consensual relationship, how can a jury find "beyond a reasonable doubt" -- the actual legal standard used in a criminal trial -- that Weinstein is guilty? The jurors are being asked by the prosecution to send a man to prison on nothing more than the say-so of accusers, even if the allegations are contradicted by the accusers' written words.
The Weinstein trial is reality, not a movie. It is hard to believe that the jurors have not been affected by the media's relentless portrayal of Weinstein as a monster. But l, for one, hope that the jurors are seeking truth, not vengeance; and that they are more honest than angry.
18
@Morris Perhaps there is no physical evidence, but I doubt that more than 90 women would take their time to accuse a poor man of something that did not happen ...
23
@Morris Laws are written by men, for men. When laws are finally written with women, maybe women will received justice.
28
That is the nature of rape. She said, he said. But she should be at least believed when woman after woman accuses him. How can one still think he's innocent.
10
I see no point in insisting on a jail term.
His lawyers should negotiate a one-time financial settlement sufficient to satisfy all of the claimants insofar as is possible within the limits of his resources, in exchange for him retaining enough money to live a modest life and melting away into the sunset.
He’s already suffered plenty, and his victims need to be getting on with their lives.
9
@A. Stanton Respectfully, if he raped you, you may want him to spend some time in jail. The point of jail is to remove freedoms and privileges. Hopefully he will be treated with the same threatening behavior that he showed his victims. Let him be removed of his fine lifestyle and have it replaced with the sorts of folks one finds in prisons.
32
@A. Stanton You are usually such a thoughtful commentator. I have no idea why you would suggest that if he is, in fact, a serial rapist he should not be punished with jail time.
If even a fraction of what is reported is true he has caused much more suffering than he could possibly be enduring.
30
@A. Stanton:
Weinstein has suffered plenty? What about his victims? Would you feel the way you do if you had a daughter sexually assaulted by him?
31
If everyone knew Weinstein was a horrible man, why was he invited into women’s hotel rooms, and why did women go repeatedly to his hotel rooms and apartment? As for his supposed ability to destroy an actress’s career, he was not the only game in town. Ashley Judd claimed he ruined her career by saying she was difficult to work with, but a quick check of IMDb shows she has worked steadily since her initial film.
22
@Lynn in DC He was in a powerful position to give job favors and such in a profession where the boundaries between consent and pressure are astonishingly blurred. I suppose we just think it was their responsibility to provide the prim and moderate barriers needed to keep male lust at bay. Showing my own prejudice, I have to say that looking at Mr. Weinstein, I cannot believe that Any woman would be sexually attracted to him without a lot of pressure or the offer of a "great reward." I can't see why everyone finds this so hard to believe.
66
@Lynn in DC I am a screenwriter who has worked steadily for the last 20 years. If a man as powerful as Harvey wants to crush a young actress' career, he can do it with ease.
In truth, Hollywood is a small, gossipy town. Harvey was uniquely positioned to wield extraordinary power. Your comment shows you are unfamiliar with how things really work.
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@Lynn in DC Many businesses conduct meetings in hotel suites.
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If we look at this reasonably, which may not be possible in this day / age / atmosphere, it will be difficult to prove the case here. There is little doubt for me that some of the victims did engage into consensual sex and that it will be rather hard to prove that he 'brutally' forced himself on them while they defended themselves vigorously.
Since it will be a hear-say argumentation, he already badly lost it in the court of public opinion and will probably get undue sentence.
Not that I am too sorry for that, he is an appalling creature, but I expect that trial fairness will sorely be lacking here.
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@ss You either believe they are victims or you believe it was consensual. You cannot call them "some of the victims" then say "did engage into consensual sex." Rape and sexual assault mean sex/sexual contact without consent -- it does not require "brutal force."
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@ss I am just curious about the standard of "vigorous defense" that your comment seems to suggest is necessary before a sexual assault is committed. Would you please elaborate?
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" Just steps from the door, he stumbled between the men, as though he were about to fall."
So, he can ACT, too. Who knew?
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I hope it's included in testimony to the jury, and wish it were included in this and every article about sexual violence, the research on the neurobiology of trauma and how continued communication with a perpetrator after being victimized is EXTREMELY COMMON. It's often a survival mechanism: easier than accepting someone you know or work for or depend on can harm you and completely ignore your autonomy. As the anonymous victim in this story notes, she believed “there was no way to get out” without harming her career, which has often proved true. I very much hope justice is served.
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I don't believe he can be found guilty on the basis of an unsubstantiated theory that victims of rape feel obliged to keep in contact with their alleged rapists.
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@Sydney Kaye He should be found guilty on evidence. No one disagrees with that (I hope). It is not an unsubstantiated theory and those deciding the case, and the public, should have a better understanding of it because it provides an actual full picture of what it's like to be a victim and how behavior that seems "abnormal" is actually psychologically protective.
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@Sydney Kaye
The commenter is correct regarding those who have been raped or otherwise sexually assaulted by those with whom they are familiar .
Your comment is based on the false assumption that "the victims of rape feel obliged to keep in contact with their alleged rapists.", and fails to take into account that it can be the rapist who contacts the victim.
Bear in mind that the vast majority of victims do not reported sexual assaults due to attitudes like yours, and that your attitude and those of people like yourself leave your loved ones vulnerable to assault by the same men.
In fact, it's likely that one or more of your loved ones or friends has been the victim of a sexual assault, and that you have no idea of it.
I did not tell my mother, or my siblings, or anyone other than my doctors and attorney uncle who advise me :"Do not tell anyone. Don't even tell your own mother."
It's attitudes like yours that result in victims failing to report, which leave those sexual assailant free to assault others, including your relatives and friends.
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What is at issue in the Weinstein trial is whether moral sexual transgression are tantamount to rape. As was reported in the times podcast, "The Daily," prosecutors sifted through dozens of alleged victims to find two who most closely fit the criteria for rape. Many of the remaining candidates may have engaged in a quid pro quo, essentially holding their nose and having sex with Weinstein in an effort to enhance their careers, as evidenced by continued communication with him, further sexual contact, and comments they made after the fact.
#MeToo has attempted to erase the concept that a person might engage in sex for an advantage, socially, in the work setting, for money and so forth. In fact people, including women, use sexuality for many purposes other than intimacy, pleasure, and reproduction.
Yes, Weinstein is a repugnant sexual predator who has been thoroughly ostracized. He's settled numerous civil suits against him. The question at hand is whether his behavior was criminal.
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@A Doctor Thanks for mansplanation. Except you left out the power dynamic at play and why wouldn't you? Doctor? Says it all, really.
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Oh only two rapes. That’s okay then... ?
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On the walker. I would like to suggest for anyone who can to set a walker at the same height relative to your body as he has and then walk with it out in front of you bent over as he is.
I think you will see for yourself the truth of what it takes to use a walker in that way.
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@magicisnotreal
What do you mean?
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@magicisnotreal Back surgeon are you?
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I see that Harvey has been healed and no longer needs a walker! Or is it just because the invalid story didn’t poll well?
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@Renee Margolin
I was thinking the exact same thing. I kept asking "where's the dang walker?"
In addition to the host of other character flaws he seems to possess, being pathetic is probably near the top of the list.
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Did you even realize your great pun - invalid. As in, invalidated. Love it.
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