Why We Don’t Report
On April 25th, the New York Court of Appeals overturned Harvey Weinstein’s February 2020 convictions for one count of criminal sexual act in the first degree and one count of rape in the third degree.
The victims were Miriam Haley, whom Weinstein assaulted in 2006, and Jessica Mann, whom Weinstein assaulted in 2013. These two women – and the over 80 additional survivors who came forward in the wake of Weinstein’s arrest – endured a month-long trial. Jessica Mann in particular sat through a three-day-long cross-examination by Weinstein’s attorneys. In that cross-examination, Mann was forced to repeatedly recount the graphic details of her sexual assault while the defense attorney questioned her mental health.
To help prove their case, prosecutors asked the judge to allow testimony from four of Weinstein’s other victims, Annabella Sciorra, Lauren Young, Dawn Dunning, and Tarale Wulff. The judge permitted the evidence under a law that allows testimony about “prior bad acts” to show a pattern of Weinstein’s abusive behavior and to prove Weinstein’s intent.
The NY Court of Appeals ruled that it was an error for the trial judge to allow that testimony because Weinstein was not charged with Sciorra, Young, Dunning, or Wulff’s assaults. This, the Court of Appeals said, meant the jury was prejudiced against Weinstein and resulted in him receiving an unfair trial. As a result, the conviction was overturned. You can read the entire opinion, including the excellent dissenting opinions, here.
Prosecutors in this case are already preparing to retry Weinstein. In the meantime, Weinstein remains in jail on additional sexual assault convictions.
Many will say that the system failed the more than 80 women who came forward to show the world the dark truth behind the “casting couch” and Weinstein’s success. Really, though, the system worked exactly the way it was intended. Our justice system, set up by our Constitution, protects the rights of the accused first and foremost.
Because of that design, sometimes the legally and technically “correct” ruling is wrong. When that happens, we must remember that the ruling doesn't make Weinstein any less a predator. Nor does it lessen the bravery and tenacity of Annabella Sciorra, Miriam Haley, Jessica Mann, Lauren Young, Dawn Dunning, Tarale Wulff, and the many, many other women Weinstein victimized.
It can, however, have an unintended consequence. As it stands, out of every 1,000 sexual assaults, only 310 are reported to police. Compare that with 619 out of every 1,000 robberies that are reported. People are already unlikely to report sexual assaults for numerous reasons including fear of retaliation and fear that nothing will be done. When they see results like this, it can make them even more hesitant.
The women in this case spent years of their lives trying to get some semblance of justice for themselves and the many other women Weinstein assaulted over his long career. They relived their trauma on the witness stand in front of Weinstein and the national news media. They were repeatedly bullied and discredited – in the courtroom, in the media, and in their personal lives. And for their trouble, they have to do it all over again.
This is yet another in a long line of answers to the question: “Why didn’t you report?” If this is to be the outcome, my question is “Who would?”
This is not to say that you should not report your sexual assault. Regardless of the decision in this case, there is strength in your words and actions. In reporting your assault and speaking the truth, you can begin to reclaim your power, help prevent rapists from preying on future victims, and shed light on the true nature of your abuser. If you need help reporting, First Light is here. We believe you and are here to support you. If this case has been triggering or if you want to report your assault, our helpline is available 24/7 at 864-231-7273.
To our allies in the fight against sexual assault, thank you. By providing counseling services, compassionate listening, and access to hundreds of resources, your gift to First Light has an immeasurable impact on the lives of our clients. Through your support of our agency, we can help make a difference outside of the justice system.