GUILTY | Weinstein Sentenced to Jail

In a shocking turn of events, Harvey Weinstein was found guilty and sentenced to jail. He was found guilty of 2 of the 5 charges against him, but not guilty for the most serious charge. Regardless, Weinstein is facing sentencing and jail.

This was a nail-biter down to the wire largely because what is supposed to happen according to the law doesn’t really happen anymore. In #metoo America regarding celebrity cases, literally anything could happen. And sure enough, as most legal analysts postulated an acquittal for Weinstein, we see quite a different turn of events.

What Does This Really Mean?

I have a very unpopular opinion, but one I believe rooted in truth despite personal opinion. The problem with this case is that although Weinstein is a predator who used his power to manipulate women, it was not clear that he was a rapist guilty of assault beyond a reasonable doubt. And this is the reason why most legal analysts assumed Weinstein was going to walk. There is a very distinct line between being a sexually driven pervert and a villainous rapist, and no the 2 are not the same. Aside from Annabella Sciorra who was convincing and one other accuser, most of the other women, according to the evidence, seemed to allow what happened and continued to interact with Weinstein after their alleged incidents. Setting the legal precedent that women will still cordially correspond with their rapist after the date of their allegation is a very bad one that puts men everywhere in grave jeopardy. So although Weinstein is a kind of predator who exploited women, media sensationalism of the day may have led to the eventual verdict.

The new #metoo era strategy of attempting to stack the deck is what made the case extremely confusing. This was apparent with the jury’s many questions. In retrospect, it was difficult to not convict him for something. The strongest and most convincing testimony was that of actress, Annabelle Sciorra, who was also backed by fellow actress Rosie Perez. Her allegation was that Weinstein pushed his way into her apartment and raped her. However, this wasn’t her trial and her alleged incident was over 25 years ago, well outside the statutes of limitations. Consequently, her allegation was only allowed to be relevant as supportive if the jury believed the other women. And there were a few problems with even her case too. The defense argued how it was possible for Weinstein to get up to her apartment in a building with a doorman and how he knew where to go. Regardless, in the end, it was about 2 main accusers; Miriam (Mimi) Haley and Jessica Mann. However, both women have evidence on the record that show sustained communication before and after the alleged incident, or actions sufficient for at least 1 member of the jury to assume the act could possibly have been consensual. And that’s all that was needed for this to fail. As we can see however, this new #metoo era strategy of tethering the allegations of multiple women together is persuading jury’s toward convictions even if the allegations are outside the statutes of limitations, and without proving guilt beyond a reasonable doubt.

In a very similar case, there is a growing number of people who feel Bill Cosby got railroaded as the women he was up against were not truthful, and that he got an unfair trial. Most of these people felt that Cosby was denied a fair trial and thrown in jail, but this crowd assumed Weinstein would walk. Many of these people feel Cosby’s conviction was racially motivated and that Weinstein would prevail because the law would work for him. In fact, the same arguments that should have been used in support of Cosby were instead being said of Weinstein in the media. Outlets were pointing out the fact that some of the women accusing Weinstein kept in contact with him after their alleged encounters. And for this reason, media outlets were predicting an acquittal or hung jury. That’s why this verdict comes as a huge surprise for many people. It seems the need to prove guilt beyond a reasonable doubt is a thing of the past. Weinstein will now have to explore his options as a convicted man.