Author: Steven Zeitchik / Source: Washington Post
NEW YORK — As the front door of a criminal courtroom opened to usher in Harvey Weinstein, the once-powerful movie mogul looked out at the large gathering of lawyers and reporters and, a dazed expression on his face, mouthed one word: “Wow.
”Weinstein — in court here Friday to face three felony charges, including first-degree rape — was confronting the public for the first time since dozens of women stepped forward last fall to accuse him of sexual misconduct, spurring the #MeToo movement.
But the moment also offered an opportunity for the public to confront Weinstein, a rare entertainment figure to face criminal sexual misconduct charges and by extension to confront the culture of abuse and privilege he came to represent.
The charges against Weinstein, filed Friday morning by Manhattan District Attorney Cyrus Vance Jr., also included committing a criminal sexual act in the first degree and rape in the third degree. They come after a months-long investigation into incidents involving Weinstein and onetime aspiring actress Lucia Evans in 2004 and an unnamed accuser in 2013.
“This defendant used his position, money and power to lure young women into situations where he was able to violate them sexually,” Manhattan Assistant District Attorney Joan Illuzzi told the court.
But while the prosecutor was referring specifically to Weinstein, her remarks echoed wide-ranging experiences by women who say they have felt unable to ward off inappropriate conduct by powerful men or pursue recourse in a legal system that requires incontrovertible evidence.
Still, it was not a simple story. Even as #MeToo advocates saw progress in the fact that Weinstein was now facing criminal charges, they said they wondered what it would take to bring others to justice.
Weinstein, 66, who posted $1 million bail, has denied the charges. “Mr. Weinstein maintains that he has never engaged in any nonconsensual sexual behavior with anyone,” lawyer Benjamin Brafman said. “Nothing about today’s proceeding changes Mr. Weinstein’s position.”
Caroline Heldman, an advocate for sexual assault survivors who has worked with accusers of Weinstein and Bill Cosby, was one of many activists to react to the arraignment with mixed feelings, saying that it seems to require some of the worst offenses just to merit a chance at prosecution.
“I’m really happy to see [the Weinstein prosecution] happening, but I do think these cases are still the unicorns of the #MeToo movement and that our legal system is still outdated,” said Heldman, an Occidental College professor.
Many of the other media and entertainment figures accused of harassment or sexual misdeeds have avoided prosecution.
Vance had decided not to prosecute Weinstein after Ambra Battilana Gutierrez accused the movie executive of groping her in 2015.
Convicting Weinstein this time may be a tall order.
Absent physical evidence, a case can become a verbal battle between alleged victim and alleged perpetrator, something a defense attorney could use to sow reasonable doubt, experts said.
“It always is a tough spot when it’s one witness against another, my word against your word,’ ” said Lynne Abraham, former district attorney of Philadelphia.
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