How sexual assault trial could play out for Harvey Weinstein

However proving that behaviour that many actresses alleged was widespread data in Hollywood was a criminal offense is certainly one of many challenges going through prosecutors within the highest profile trial of the #MeToo period.

Weinstein has been accused by greater than 80 girls of being a serial harasser and sexual predator. The listing reads like a who’s who in Hollywood: Angelina Jolie, Ashley Judd, Salma Hayek, Rosanna Arquette to call just a few. 

However regardless of quite a few accusers, Weinstein’s felony prices focus on simply two particular circumstances. He is denied any non-consensual intercourse and pleaded not responsible to 5 prices together with two prices of predatory sexual assault and two prices of rape. If convicted he might withstand life in jail.

The 67-year-old has pleaded not responsible to prices that he raped a girl in a lodge room in Manhattan in 2013. He is additionally charged with performing a forcible intercourse act on Mimi Haleyi, a former manufacturing assistant together with his firm in 2006 who has spoken publicly concerning the assault. 

Parallels with Cosby case

Having two accusers provides prosecutors a bonus as they search a conviction stated Kristen Gibbons Feden, who was a part of the crew that efficiently prosecuted comic Invoice Cosby in 2018.

Whereas the Cosby case rested predominantly on the testimony of Canadian Andrea Constand, whom a jury discovered the comic drugged and sexually assaulted in 2004, Gibbons Feden stated the Weinstein prosecutors will have the ability to receive a conviction “whether or not the jury believes one of many witnesses or whether or not the jury believes each of the witnesses.”

Just like the Cosby trial, the Weinstein trial will even hear from girls whose allegations of assault didn’t result in prices, both as a result of they have been too outdated or the incidents did not occur in New York. 

Weinstein’s trial will hear from three so-called “prior dangerous act” witnesses. Gibbons Feden stated their testimony permits the prosecution to ascertain a sample within the defendant’s behaviour.

“The prosecution goes to have to indicate Weinstein’s felony tendencies … a sample of raping these girls, a sample of building belief, grooming them, in order that they’re alone and in a personal place with him such that he can prey upon them,” Gibbons Feden stated, noting the second Cosby trial had 5 “prior dangerous act” witnesses.

Giving testimony to ‘make a distinction’

A type of witnesses claims Weinstein assaulted her in 2005. Her lawyer, Douglas Wigdor, stated his shopper got here ahead voluntarily to assist the prosecution, understanding the impression it might have on her life as soon as her identify is revealed.

“She thought lengthy and arduous about it, however she knew that as time went on and he or she received older and possibly had youngsters of her personal, that she might look again and say that she tried to make a distinction in one thing that was essential.”

Wigdor says his shopper’s testimony will help the 2 accusers by displaying how Weinstein used his energy and affect as a Hollywood producer to prey upon her.

“What Harvey Weinstein was doing was really a scheme and a plan,” Wigdor alleges. “He would usually lure the ladies that he would sexually assault by having them come to his workplace or to his residence underneath the ruse of getting recommendation about their profession or studying a script.”

Wigdor additionally represents girls searching for civil circumstances towards Weinstein. Whereas a $25-million US settlement with some plaintiffs was reported in December, he stated his purchasers will proceed to pursue their case.

A fourth witness, former Sopranos star Annabella Sciorra, will even testify. She alleges Weinstein raped her 26 years in the past, past the statute of limitations. Her testimony might be used to help the predatory sexual assault cost, which the prosecution should present not less than two girls have been assaulted by the defendant.

How #MeToo performs into trial

In 2017, when the New York Occasions detailed quite a few allegations of rape and sexual assault towards Weinstein, it sparked a nationwide dialog about sexual abuse and assault by males in highly effective positions often called the #MeToo motion. 

The case might be heard earlier than a 12-person jury, with choice starting this week. Legal professionals watching the case say a problem might be discovering individuals who aren’t in search of justice for the broader motion, or conversely, suppose #MeToo has gone too far and might be searching for to exonerate Weinstein due to it. 

“It may be not possible to search out jurors that have not heard about [#MeToo],” stated felony defence lawyer Dmitriy Shakhnevich.

“The following step might be to search out jurors which have heard of it, however can put apart their preconceived notions.” 

Weinstein’s lawyer, Donna Rotunno, has been crucial of #MeToo, telling CBS Information lately that “it permits the courtroom of public opinion to take over the narrative.”

She says the proof within the felony case favours her shopper and that Weinstein is probably not excellent, however he isn’t a felony.

“I am not right here to say that he was not responsible of committing sins. I am not right here to say that in any respect. However there is a distinction between sins and crimes and I do not suppose he is a rapist. I do not consider he is a rapist,” Rotunno advised CBS.

Authorized observers like Matthew Galluzzo, a former intercourse crimes prosecutor now a felony defence lawyer, stated the Weinstein defence crew must remind the jury that this case just isn’t a referendum on #MeToo.

“Did he do X? Not, did he do one thing improper. There’s black-and-white letter regulation for what’s and isn’t a criminal offense and if it would not match, then it is not a conviction,” Galluzzo stated. 

He stated the defence will even chip away on the credibility of the witnesses by placing their story on trial, providing different causes for his or her interactions with Weinstein.

“I believe that is going to be the defence, primarily they agreed to have intercourse with him and now they’re telling a special story all these years later, for no matter purpose. It is gonna be as much as the defence to fill in that rationalization.”

Dispelling rape myths

Gibbons Feden stated within the Cosby trial, the prosecution acknowledged it might want to teach jurors concerning the behaviour of sexual assault survivors as a approach to blunt assaults from the defence. They referred to as an skilled to elucidate that victims do not all the time report crimes immediately and infrequently preserve contact with their alleged assailant. That witness, Dr. Barbara Ziv, will even testify within the Weinstein trial.

“There isn’t any typical response to sexual abuse, and if there’s a delayed disclosure, if there’s continued contact with an offender, that doesn’t imply that that girl or man was not sexually abused,” Gibbons Feden stated. 

Weinstein’s case has already had some ups and downs earlier than trial. In late 2018, the prosecution dropped one cost regarding an accusation made by aspiring actress Lucia Evans, when inconsistencies emerged in her story. It was additionally revealed {that a} New York police detective could have coached her to withhold proof that put her story in query.

Gibbons Feden hopes the Cosby trial and the #MeToo motion have helped higher educate the general public and courts concerning the behaviour of sexual assault victims. 

Whereas different jurisdictions are nonetheless investigating allegations towards Weinstein, she stated the Cosby conviction ought to give Weinstein’s accusers and the prosecution confidence {that a} high-profile defendant could be discovered responsible.

“The truth that is feasible, the truth that there are juries on the market who will convict high-profile offenders so long as the proof is there.”