On the morning of Feb. 24, Harvey Weinstein’s rape trial in Manhattan reached a verdict. The result incites a wave of relief after years of sexual violence cases being dismissed or going unreported. The justice system historically fails women in this department by handing out light sentences to offenders or not convicting them whatsoever. Donna Rotunno, Weinstein’s criminal defense lawyer, said on The Daily podcast that she had never been sexually assaulted because she would “never put herself in that position.” Her words capture an accepted way of thinking that frames sexual assault victims as culpable for the atrocities committed onto them. In court it is this culture of clear-cut blame that prevents convictions.
Harvey Weinstein’s case is perhaps the most extreme example of this injustice. After years of his reprehensible behavior being deemed “Hollywood’s open secret,” the recent news that he is finally a convicted rapist seems like a bittersweet feat. Once the news came out, the Manhattan District Attorney, Cyrus R. Vance Jr., apologized for dismissing sexual assault allegations against Weinstein in a 2015 trial and then announced, “This is the new landscape for survivors of sexual assault in America. This is a new day.” His optimistic statement reflects the sad history of the Weinstein trial.
The drawn-out nature of sexual assault cases stems from systematic problems in how the criminal justice system handles them. In the Weinstein trial, it was particularly difficult to prove rape because it involved a celebrity defending themselves against past accusations, some going as far back as 30 years ago, as in the case of Anabella Sciorra. The defense in sexual misconduct cases attempts to discredit the victim by every means available, and, given the contextual complexity of many of these women’s cases, it is not a difficult task. Rotunno’s tactic was to bring up how many of Weinstein’s victims continued to have relations with him after the assault, and sometimes they had consensual sex in these later interactions. Thus, Weinstein’s conviction represents a major victory in the fight for courts to adjust how they handle the complicated, sometimes confusing, facts of each individual case.
The results of the trial mark a triumphant moment in history. However, women are wary for the future. Weinstein’s conviction was followed by feelings of relief more than celebration due to years of being let down and dismissed. Therefore, it is crucial to recognize the rampant attitude towards victims of sexual violence that allows predators to go unnoticed, concealed, and pardoned. Many were apprehensive about his sentencing, but on March 11 he received 23 years, which means he could very well spend the rest of his life in prison. Although the results of the trial offered a pleasant break from disappointment, the dangerous structures that uphold insidious men still remain.
In order for this moment to be more than just that, there are steps that should follow. For example, ending non-disclosure agreements that allow people in power to silence others makes it difficult for victims to speak up. Rigid reporting procedures deter victims from coming forward after an assault. Courts rely heavily on clarity and simplicity, which is almost always not compatible with cases of sexual assault. The number of reported cases still greatly outweigh convictions. There is still a long way to go.