It’s often a very difficult case, so you get a lot of people who don’t report it and a lot of settlements when they do. Note - IANAL, but I worked with a rape crisis center for a time and got to hear a lot about the fallout from these situations.
Thanks. Clearer now. If the accounts are true, Weinstein should get the full force of the justice system. Using position and power to get sexual favours and even with cases of outright forceful physical contact, is outright dispicable.
Basically if Weinstein used force or threat of force, or the victim (they are all victims) feels intimidated physically, its assault. There are other circumstances too that vary by jurisdiction, some include things like not being able to consent (I.e. passed out drunk or high).
If he says something unwanted sexually, especially if it’s coersive at all, its probably harassment. Also usually thus include if he is rebuffed and continues.
The key thing in my mind is the hotel encounters. Once the victim is alone with the perp in a domain he completely controls, especially if he is being sexual aggressive without reciprocation, he gets into criminal territory in my mind. He’s a lot bigger than his victims and his history would lead a jury down a conviction path.
We also though, have this thing in the US called a statue of limitations. Murder is the only one I know of with an unlimited time frame. All the others generally degrade over the severity of the crime. Petty vandalism, for instance, might be like a year or something. I think things like theft might have a limitation of 7 years or so, sexual assault is probably somewhere in there.
Of course IANAL and each jurisdiction (state, local laws) vary.
If you’ve traveled to the furthest reaches of the Internet in a quest to find the worst possible take on the Harvey Weinstein story, trust me, you can stop looking, because I found it: a guest post at Instapundit by the sci-fi and military novelist John Ringo.
Shorter Ringo: When Hollywood women attack conservative men, it’s because they really hate Harvey Weinstein.
…talking about his experience with Hollywood’s sexual harassment machine and how he managed to get out of the situation thanks to his martial arts background and being strong-willed enough not to let another man put cream on his strudel.
In the workplace, yes. If your employer knows it happened and did nothing you can sue them.
Legally as far as the person… not really? If you don’t physically touch someone, it’s more or less protected speech.
It’s a fairly blurry line, but mostly in comes down to positions of power. If some random dude on the street says something, there is nothing you can do. If you boss does it, that’s a whole different story because he is in a position of power over you. That’s still more of a civil than criminal case as far as I understand it, though.
Just to clarify this, harassment of a sexual nature that becomes stalking (a long pattern of repeated harassment) IS criminal, but again it’s a hellish case to go through and relies almost exclusively on state laws.