At last! Rapist Harvey Weinstein has been handcuffed and remanded into custody. He will no longer hobble down the steps of 100 Centre Street, pandering for sympathy, as he departs the courtroom. He’s in custody awaiting sentencing on March 11th.
Although his attorneys are likely to attempt to secure his release pending appeal, they are unlikely to prevail.
Will Weinstein’s conviction change anything?
His New York based attorney, Arthur Aidala, made several important statements to New York One reporter, Dean Meminger, just steps from the courthouse after the verdict. “If his name was Harvey Jones, he would not have been charged.”
Unfortunately, Aidala is absolutely correct… but not for the reasons he suspects…..
This case received tremendous attention by the press because of Weinstein’s notoriety and because his victims were celebrities. Far from his treatment being unfair because he was singled out, it shows the failure of the system to deal with sexual assault when the victims lack private attorneys like Gloria Allred to represent their interests and are “unknowns” with no press reach or clout.
Aidala also commented that Weinstein reacted, “I didn’t force anyone. I didn’t have to force anyone,” as if “force”is the only weapon in a rapist’s arsenal. Aidala needs a lesson on “consent” and needs to grasp that “consent” is FREELY GIVEN, KNOWLEDGEABLE AND INFORMED AGREEMENT. #FGKIA!
Force, coercion and deception cannot be used to influence agreement in sexual conduct. Weinstein was not only convicted of forcible rape, but also of third degree rape which, in New York, does not depend on “force.” The “absence of consent” results when a sexual predator uses the threat of harm, including destruction of someone’s career, to influence their agreement.
Although Weinstein’s defense team argued that the victims continued their relationships with him after the events in question, they failed to recognize that Weinstein’s control over their careers motivated their continued involvement with him.
Gloria Allred spoke out
Allred addressed reporters subsequent to the verdict. Her client list of “silence breakers,” women who came forward with complaints against Weinstein, includes Mimi Hailey, the victim of Criminal Sexual Assault in this case.
Allred applauded the women who “sacrificed their privacy in the interest of justice,” and called them “role models in courage.”
Allred could make a tremendous contribution to society by recognizing that most victims could only dream of enlisting her aid. There will be no grand movements like #MeToo to focus on their individual struggles. Her greatest accomplishment could be helping to define the meaning of consent in our laws because the masses need to rely on the justice system to do the right thing. Without the meaning of consent defined by law, their dream of justice is a horrific and demoralizing nightmare.
The news coverage on the Weinstein case fails to acknowledge the importance of defining consent in our laws. Society desperately needs this information! Doing so is the critical key to conquering sexual assault. If the Weinstein case has shown us anything, it is how poorly CONSENT is understood by society and our laws. We need this to change!!
Watch “Your Consent for Kids” with your children
Watch “When YES Means NO – The Truth about Consent” a TEDx Talk on YouTube
Call your legislators! Demand that they #CodifyConsent in our laws!
Use your voice and your votes to make the world a safer place!