The Atlantic

The Weinstein Verdict Shows Why Rape Convictions Are So Rare

Harvey Weinstein may be headed to prison, but few women will ever see their perpetrators brought to justice.
Source: Andrew Kelly / Reuters

This story was updated on February 25, 2020 at 10:40am.

A jury has convicted the Hollywood producer Harvey Weinstein, who had the starring role of villain in the #MeToo movement, of sexually assaulting two women. He was acquitted of the most serious charge, predatory criminal assault.

“This is an absolutely stunning day,” says Jane Manning, a former sex-crimes prosecutor in Queens, New York. “This man used all his wealth and all his power to buy himself impunity, and today, that impunity ended.”

Weinstein faces at least five years in prison for raping Jessica Mann, an aspiring actor, in a Manhattan hotel room on March 18, 2013. The jury also found that he forced Miriam Haleyi, a former production assistant, to have oral sex at his home on July 10, 2006. His lawyers have already said they plan to appeal “immediately.”

In so many respects, this case was an outlier—because of Weinstein’s fame, the publicity surrounding the case, and, more than anything else, the sheer number of accusations that brought Weinstein into the courtroom. More than 90 women accused him of misconduct ranging from noncriminal harassment to forcible rape. Yet prosecutors brought charges on behalf of only two women.

[Barbara Bradley Hagerty: American law does not take rape seriously]

This is a story sex-crimes prosecutors know all too well: How the flood of victims becomes a trickle of convictions. Despite the guilty verdict, the Weinstein trial is also, in a way, a warning to victims, illustrating the extreme difficulty of prosecuting men for sexual assault. Perhaps most significant, the Weinstein case provides a preview of prosecutions to come in the #MeToo era.

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