Reversal of Harvey Weinstein's sex crimes conviction is not the end of accountability for sex crimes

 

The recent reversal of Harvey Weinstein's sex crimes conviction has sparked concerns that this marks the end of accountability for sex crimes. However, Deborah Tuerkheimer, a professor of law and expert in evidence and criminal law, argues that this is not the case.

Tuerkheimer notes that the reversal was largely due to the trial judge's decision to allow testimony from additional women who were not victims of the charged crimes, which is not admissible in most states, including New York. While this decision was made to compensate for the "credibility discount" that sexual assault victims often face, it ultimately did not meet legal standards.

Despite this setback, Tuerkheimer believes that progress is being made in the prosecution of sex crimes. The #MeToo movement has brought attention to the widespread problem of sexual misconduct, and trials like Weinstein's are helping to dispel the myth of the "perfect victim." Additionally, the use of sex crimes experts to educate juries and the public about common behaviors of sexual assault victims is an important innovation.

Tuerkheimer also notes that the problem of impunity for sexual abuse is rooted in our cultural disposition to doubt accusers. This "credibility discount" is a widespread practice that can prevent victims from coming forward and seeking justice. Requiring multiple accusers to come forward before any are believed is not a solution, as it can create a barrier to reporting and perpetuate impunity.

Instead, Tuerkheimer argues that we need to work towards creating a culture where victims are believed and supported, and where perpetrators are held accountable. This requires a shift in our collective understanding of sexual misconduct and a willingness to confront the biases and stereotypes that can prevent justice from being served.

In conclusion, while the reversal of Weinstein's conviction is a setback, it is not a reason to give up on the prosecution of sex crimes. Rather, it is a reminder of the need to continue working towards a culture of accountability and justice for all victims of sexual misconduct.