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In October 2017, a new era began for many women. The renowned New York Times reported on sexual violence against women in the film industry. Harvey Weinstein, one of the most influential film producers in the USA, was accused of being the perpetrator. Rape, sexual assault, sexual harassment – Weinstein stopped at nothing. His power in the film business, his power to make careers possible for actresses or to destroy them, was enormous.
But in October 2017, some women’s courage outstripped their fear. The term “#metoo,” “me too,” began to spread online. More and more women found the courage to speak out about sexual harassment, abuse and violence. The movement changed the view of male violence, power games, oppression and harassment. More and more women, more and more examples.
Behind the overturning of the verdict are the errors of the judiciary
Socially, Harvey Weinstein was done for. His company kicked him out and his wife divorced. But justice is decided in court – the trial was long awaited and took a long time. Ultimately, Weinstein was sentenced in two trials to a total sentence of 39 years.
But one of these two verdicts was overturned today: the 2020 rape conviction was overturned. The reason: Weinstein was not able to defend himself sufficiently and his arguments were not heard in their entirety. In addition, women testified in court who did not appear as plaintiffs – that was also a procedural error.
Now in democracies it is important that everything is done fairly in court. A justice system that imposes harsh punishments must be strictly controlled. In this respect, the annulment of the judgment is not arbitrary. And since the 72-year-old Weinstein has to remain in prison for a long time because of the second verdict, the plaintiffs are spared the release of their tormentor.
Now the plaintiffs are facing the next ordeal
The trial may be reopened – and this is where the second torture of the women who would testify begins: They have to tell their painful story of suffering again. They have to gather all their courage again and turn their insides outward, deal with the injuries and humiliations again.
They have already done this before, trusting in a functioning justice system. The fact that this justice system was unable to carry out a legally compliant process is another hard slap in the face of all those women who dared to stand up against Weinstein.
And it could also prevent victims from defending themselves against sexual violence in the future. Could it all be for nothing? Victims of sexual abuse were robbed of their trust in a just world as soon as the crime occurred. In the case of those who testified in the Weinstein case, now for the second time. That is the drama of the failure of the New York judges.