Elizabeth Payne: Weinstein conviction reversal will create chilling effect for prosecutors and victims

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Elizabeth Payne: Weinstein conviction reversal will create chilling effect for prosecutors and victims
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The overturning of Harvey Weinstein’s conviction sends a powerful signal to sexual assault survivors.

Harvey Weinstein arrives at a Manhattan courthouse for jury deliberations in his rape trial on Feb. 24, 2020, in New York

It is ironic at best that, in a case that inspired millions of women to speak openly about unreported sexual assaults — crimes they never sought justice for in large part because of our unresponsive, broken system — the court overturned this conviction on the grounds that jurors would not need additional testimony because they could get it right without it.

The Rape, Abuse, & Incest National Network estimates that out of every 1,000 sexual assaults, only 310 are reported to police, 50 lead to an arrest and 28 lead to a felony conviction. That’s less than 3%done by my team at the Chicago Alliance Against Sexual Exploitation found just 10% to 20% of sexual assaults reported to Chicago police have led to arrests.

New York does allow prior bad acts to show a defendant’s intent. The Manhattan trial judge allowed prosecutors to introduce additional witnesses who were victimized by Weinstein, but whose cases were never charged to show Weinstein’s intent to commit sexual assault and that he could not have mistaken the acts as consensual.

Our culture routinely gives men who cause harm the benefit of the doubt — that they were simply confused or there were mixed signals or that they truly thought something was consensual. I see it every day in my work.

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