Join us when we discuss the laws on CONSENT with Weinstein survivors, Jessica Mann and Mimi Haley, Assembly Member Rebecca Seawright, and President of the NY State Trial Lawyers Association, Michele Mirman on Thursday, July 16th, at 7 PM EDT.
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!!
Just before 1 PM today, Prosecutor Joan Illuzzi had the last word on locking up accused rapist and sexual predator, Harvey Weinstein. Her three hour summation was an effort to focus the jury on the important facts. She painted a picture of Weinstein as a sexual predator, not a victim of the #MeToo movement, as Donna Rotunno, his lead attorney, had claimed.
Rotunno’s summation, which took place Thursday, accused the prosecutor of creating a fictional universe in which women were stripped of “common sense, autonomy and responsibility.” She totally ignored the impacts of coercion and force.
Ironically, as my “court buddy” Adjunct Law Professor Jim Petzke of John Jay College of Criminal Justice pointed out, her summation plagiarized Atticus Finch’s closing from “To Kill a Mockingbird,” while she reamed Illuzzi for creating “theater.”
As Rotunno marched down the corridor toward the courtroom this morning, the press strained to get her comments.
“How do you think it went?” one shouted.
It went great,” she responded.
“Yeah, great if you’re Atticus Finch,” I quipped.
In the press conference that followed today’s hearing, Rotunno took another run at casting Weinstein’s sexual conduct as “consensual.” She based her entire argument on what happened after, not during, his sexual contact.
Previously, Illuzzi had produced compelling testimony from highly regarded forensic psychologist Dr. Barbara Zif. She pointed out common rape myths about how people behave when they’ve been raped. She included that it was common for victims to continue relationships with the accused. Let’s hope the jury was listening!
The jury will receive their marching orders from Judge James Burke on Tuesday morning after the long, holiday weekend. For sure, the jury will ask what consent means. His response could make or break this case.
Illuzzi mentioned Weinstein’s use of “trickery” in her closing. She claimed the victims were tricked by “luring.” Luring is neither a fraud in the factum nor a fraud in the inducement. It’s not a “fraud in fact” that would make sexual contact a crime. Luring his victims got him, or them, through the door. Coercing vitiated their consent.
Coercion is a crime. And Weinstein continuously used coercion to induce sexual contact. Coercion is the threat of harm. In fact, threatening someone regarding their career is considered a crime in New York, even without sexual contact. It’s a class A misdemeanor.
Coercing someone for sex is a Class E Felony punishable by 2-5 years of incarceration. Yet the prosecutor did not identify coercion as the weapon that Weinstein used to demand sex. Nor did she prosecute for the crime of 2nd degree coercion.
July 30- Today’s court date for Harvey Weinstein has been postponed ’til September 20th.
What will happen then?
Superior Court Justice Jame Burke will deliver his decisions on motions that have been filed “off-calendar” by the prosecution and the defense. Those motions could include a decision to admit evidence of “prior bad acts” into testimony.
New York judges are held to narrower constraints than in Pennsylvania, where admitting testimony from prior victims turned the tide against Bill Cosby.
The impact of consent
If NY’s laws defined consent as “freely given, knowledgeable and informed agreement, #FGKIA,” convicting Harvey Weinstein would be a slam dunk! But in NY, like many other states, prosecutors are held to convincing the jury that the offender’s conduct meets specific language for a particular act that has been legislated as “without consent” in penal code. This narrow approach makes it difficult to prove whether a sexual assault took place…. not because the case lacks evidence, but because the law simply fails to define the specific type of sexual assault that occurred. Coercing a person into acquiescence should never be seen as “consent” in our laws.
A similar current case in Manhattan could provide clues to Harvey Weinstein’s fate
Neurologist Ricardo Cruciani is scheduled for a decision on motions on August 2nd. He, like Weinstein, is charged with Predatory Sexual Assault, which carries harsh penalties under NY State law.
Cruciani stands accused by six patients of molesting and sexually assaulting them at his office at Beth Israel Hospital in NYC. One patient described that she felt helpless to resist his attacks because she suffered from chronic pain. He was the only doctor who’d helped manage her pain for several years. Eleven other patients at his practices in PA and NJ made similar claims against him. Supreme Court Justice Mark Dwyer will announce his decisions on the Cruciani motions on Thursday, August 2nd.
For more information on how consent impacts sexual assault…. watch this TEDx Talk.
In her very first question for our radio interview, Kaity Kline, Public Affairs Director for Rowan Radio On Demand, 89.7 WGLS FM, wanted to know; Why is it sexual assault even when the victim doesn’t expressly say “no” – like in the case of accused sexual predator, Harvey Weinstein?
A handcuffed Harvey Weinstein made his way into court today in lower Manhattan charged with rape and a criminal sex act. Whether he gets locked away or not will depend largely on whether Cy Vance, the Manhattan District Attorney, makes the case for applying the Continue reading Harvey Weinstein clearly lacked “consent!”→