Harvey Weinstein's New York rape conviction is overturned as appeals court rules he didn't have a fair trial

[NonLinguisticRhetoricIsMyKryptonite]

The New York Court of Appeals ruled that the disgraced movie producer did not receive a fair trial when he was convicted of rape and sexual assault in 2020.
It is unclear if the bombshell ruling will free him from prison as he still has another conviction in Los Angeles for a separate rape.
Weinstein has been serving 23 years in a New York jail for two sex attacks. He was handed a further 16 years following his conviction in LA in 2022.
His team in California his appealing the decision and should that be overturned, he could walk free until the new trial.
Weinstein became the face of the #MeToo movement after dozens of women came forward alleging sexual abuse.

https://www.dailymail.co.uk/news/article-13349859/Harvey-Weinsteis-New-York-sex-crime-conviction-overturned.html

Oh dear @AdamRyan , you appear to be reading my response through a different lense from the one through which I wrote it.
Do you not feel that societal misogyny needs to be dealt with? The issue of consent is separate from that, as I thought I had made clear.
The police response to rape allegations have changed very little in the last 40 years, the setting may have changed, but the thought processes have remained the same, with a lot depending on the individual officers lived experience and views of women's place in society. That needs to change, long before any court proceedings are contemplated.

I know it doesn't change anything and it's depressing as hell but it cheered me up a bit that another man actually confronted HW. Maybe if more men confronted this kind of behaviour it might reduce.

How many cases will be re-examined now of men who are not celebrities. Lawyers will be busy going through historical cases I fear

MrsSkylerWhite · Today 08:47

When I served on a jury years ago, we weren’t told of defendants’ previous records because it may prejudice our decision.

I think it was Blair's Government, which introduced the bad character rule, where the jury can be told, "Terry Smith has been convicted of 117 previous burglaries," etc. In this case, it seems that this is expressly forbidden under New York's Mollineux Rule. The women outwith the charges shouldn't have been allowed to give evidence.

That's not to say that I have any sympathy for him. I don't know if he would have been convicted without their evidence and I'm surprised that his lawyers didn't point out that it was a procedural error.

Let's hope he's convicted again, on the evidence of the women included in the charges.

This

A very sad day for women

How do you propose to deal with societal misogyny?

EtA: I was responding to this line:
a proper understanding of consent, with both men and women understanding what it means

If I misunderstood and it was meant as a throwaway comment with the main thrust being on policing then I apologise.

AdamRyan
I am so sick of these men.
That's like the Ulster rugby players having their WhatsApp about spit roasting disallowed as "prejudicial".
If a man has rapey entitled misogynistic views that should absolutely be admissible as evidence

I think about this case from time to time and just feel so angry and frustrated that those men walked away, despite their WhatsApp messages, which spoke very much to character. I understand of course that they were seen as prejudicial, but Christ ... that poor woman.

//

Was it the Ched Evans case where his team had a retrial based on previous "partners" of the victim claiming she'd once enjoyed rough sex?

The odds are absolutely stacked against the victim. Tale as old as fucking time

Yes.

There is a list as long as your arm of frankly unbelievable rape defences. "Accidentally fell and penetrated her" being another. "So drunk I thought a stranger in a hotel room that wasn't mine, was my girlfriend ". Etc etc etc

We all know this, but seeing if written down like that terrifies me, it's so true.

I'm going to continue the list:

1. Women and Feminism must be useful to men or they are worthless. Pointing out that high numbers of rapists go free is not useful to men and therefore responding is not a worthwhile priority.
2. Women who go around being female AT men by complaining about getting raped deserve punishment.
3. Women should always be grateful to men for everything. Even if the "everything" is being coerced into sex they don't want.
4. Men are whatever men say they are and women are whatever men say they are. Men get to define what a "proper" rape is, not the victims .
5. Men always know the “real reasons” for everything women do and say. In the case of rape, this is usually they are gold diggers, liars or spurned lovers.

10. The worst thing about male violence is that it makes men look bad. Being falsely accused of rape is much more serious than being raped and we should prioritise protecting men from rape allegations.
11. Whatever women suffer from, it is worse when it happens to men. If we talk about the number of female victims of rape, we must also talk about false accusations against men.
12. Women’s ability to recognize male behavior patterns is misandry. It should not be allowed as evidence in court.
13. Angry women are crazy. Angry men have trouble expressing themselves. It's not their fault they didn't understand she wasn't consenting.
14. Women have all the rights they need: The right to remain silent. Especially if their husband or partner rapes them. That's his right.
15. Men are the default human. Women are strange subhuman others. A man's reasonable belief in consent should therefore carry more weight in court than whether a woman actually consented.

https://www.bbc.co.uk/news/world-us-canada-68904229

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