We have come a long way from the days when lawyers, often with the best of motives, would shake their heads and say how hard it is to secure convictions in sexual assault cases. “It’s all a matter of his word against hers,” they would say, and often they were right. It could be hard to persuade a jury to believe her and disbelieve him.
That is changing and the verdict in the trial of Harvey Weinstein, the movie mogul, marks a significant step towards a new dispensation of justice.
This is not just a matter of changing social attitudes and the consequent determination of 12 New York jurors to see justice done. It is the result of the bravery of many women, individually and together, who have spoken out about being abused, standing up for their rights and for the rights of all who will come after them.
This case is not the end of the story – indeed Weinstein’s lawyer immediately announced the intention to appeal against the verdict. Even if yesterday’s verdict is upheld, we will still not have arrived at the promised land of equality and respect. And some of Weinstein’s accusers will be disappointed that he was acquitted of the more serious charges. But he is in jail and likely to stay there for some time, which is a great triumph for the #MeToo movement, and a vindication of the women who defied his power to come forward and to tell their stories.
Those women, as the New York County district attorney said, showed immense courage in standing up to Weinstein’s intimidation and manipulation at great personal cost. They deserve our lasting gratitude for breaking down the assumption that powerful men can get away with sexual assault.
It is worth noting, too, that for all the faults in the legal system – and they are the faults of our society as much as they are of America’s – justice was done in this case. Weinstein had status, contacts and expensive lawyers – the things that allowed him to think that he would face no consequences from forcing himself on women over whom he had power.
Of course the rich are at an advantage, and Weinstein’s accusers did not get everything they wanted. But this case is a vital reminder that money and power are no guarantee against witnesses who believe in justice, and jurors who will decide for themselves.
The courage of women in coming forward, to be heard and to encourage others to be heard, has changed not just America but societies all over the world. This verdict, partial as it is, helps fix those gains and to prepare for the next advance towards the hope of ending coercive sexual behaviour and the abuse of power altogether.
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