Harvey Weinstein convicted

[Catchuptv]

www.cnbc.com/2020/02/24/harvey-weinstein-reach-verdict-in-movie-producers-me-too-trial.html

Won't be sentenced till 11th March could get 5-25 years - but I bet he gets 5 years and there'll be something that makes it suspended or some such thing.

I actually thought he’d be found not guilty of more of the charges tbh. The witnesses were not credible and the defence was strong.

Bloody brilliant. All that looking feeble whilst clinging on to a Zimmer frame has been seen for what it was. Hopefully the sentence will be a long one. This is an important landmark.

I really hope they don’t get taken in by his lawyers and suspend or give him a token jail sentence 🤞🏻

I bet he just gets a slapped wrist 🤬

He only got found guilty of 2 of the charges, and cleared of the most serious one.

I've been googling to try to understand what 'third degree rape' is but the results seem a bit varied - does anyone know what this means? I assume there are first and second degree rape convictions in the States. It seems a bit odd - surely rape is rape, either there was consent or there wasn't?

I am glad the women he raped, and intimated over the years have got justice at last. It’s a pity all those “ stars” who knew and did nothing about his vile behaviour didn’t speak up before. Well done to Ronan Farrow, Jodi Kantor and Megan Twohey for their hard work and all those women who had guts to stand up to him.

@TheMemoryLingers I did the same because I struggled. Found some info on the following link: https://vindicatelaw.com/sex-crimes/rape-defense/rape-first-second-third-degree/

First degree: Rape under threat (violent burglary, under threat of a knife/gun etc, threat of serious injury/death

Third degree: Lack of consent

Second degree: somewhere in between

I'm sure someone with more knowledge will come along soon.

At least he was found guilty of something. I was kind of expecting the opposite.

I should add: I relayed the info from that link to DP who basically said that no means no and regardless of the level of violence, rape should result in life imprisonment.

I'm quite impressed because a lot of men would find excuses such as clothing, being flirtatious, after money, etc.

Thanks so much @acatcalledjohn - that makes more sense than the info I found, which seemed to be about 'statutory' rape of minors.

@TheMemoryLingers Third degree rape is when someone engages in sexual intercourse with someone who is incapable of consent - so I assume they didn’t say ‘no’ outright but were too drunk/drugged to consent.

That makes sense, LochJess. I tend to agree with acat's husband that rape should be rape if there was no consent (with a separate conviction for use of violence or other duress if it applies) but I suppose debating the rights and wrongs of US laws in relation to rape is probably a topic that would need a thread of its own.

@TheMemoryLingers yes don’t want to make this a debate but I guess it kinda makes sense if both parties were drunk so consent wasn’t explicitly given or denied. Or the victim felt like they had to have sex (possibly trafficked/threatened by a third party) so didn’t say no/put up a fight. Tricky one.

It might actually help increase rape convictions in the U.K. if that was an option- instead of the jury saying ‘well she didn’t say no at any point so it wasn’t rape’ they have the option of third degree rape?

Yes, that's a good point LochJess.

The exact definitions in the New York Penal Code (ignoring cases where the victim is under age) are:

First degree - the rape involves forcible compulsion or the victim is incapable of consent because they are physically helpless.

Second degree - the victim is incapable of consent because they are mentally disabled or mentally incapacitated.

Third degree - the victim is incapable of consent, or the lack of consent is for some reason other than incapacity to consent.

I bet he gets 5 years and there'll be something that makes it suspended or some such thing

My understanding is that he will get 5-25 years for the more serious conviction. He cannot get a suspended sentence for that. The less serious conviction could be anything from probation (i.e. a suspended sentence) to 4 years. Lawyers in the US seem to think he will probably get around 10 years.

Note that he also faces charges in California which carry a sentence of up to 29 years.

It's interesting to know that - I'd heard of 'first degree' etc. in connection with murder in the USA but didn't realise it applied to other crimes.