Harvey Weinstein rape conviction would not have happened in UK, warn campaigners

‘Old-fashioned prejudices about rape victims have crept back in,’ says End Violence Against Women Coalition director

The landmark trial which saw Harvey Weinstein convicted of sexual assault and rape would not be possible in the UK because the criminal justice response to rape has gone “backwards”, campaigners have claimed.

The conviction of the disgraced Hollywood producer, who is in custody ahead of his sentencing in March, has been heralded as the “first verdict for the #MeToo era”.

But frontline service providers in the UK argued the high-profile case would have been unlikely to reach court in the UK and accused the justice system of failing rape victims.

“It is very hard to imagine a case like Weinstein’s here,” Sarah Green, director of End Violence Against Women Coalition (EVAWC), told The Independent.

”Several years ago, prosecution may have happened for a case of its kind, but it is it hard to imagine that happening now. Changes at the Crown Prosecution Service (CPS) have raised the bar on what kinds of cases are charged and old fashioned prejudices about rape victims have crept back in.”

Ms Green added: “It is tragic that while we are still in the crescendo following the #MeToo movement, the criminal justice response to rape has gone backwards. There is a lack of leadership among police, prosecution service leaders and elected politicians to change this.

“In the UK the prosecution statistics show what we have called ‘effective decriminalisation’ of rape.”

Ms Green argued it was “unacceptable” the justice system had “gone back” despite “significant cultural and social change” to attitudes around sexual violence – noting views on victim-blaming had shifted.

Rape prosecutions have fallen to just 1.4 per cent of reported offences and the number of people investigated and consequently convicted is at its lowest level since records started more than a decade ago.

EVAWC, which comprises dozens of organisations including Amnesty International UK, Rape Crisis and Refuge, previously launched a legal challenge against the CPS over claimed covert changes to the way it sexual offences are prosecuted. The legal action is ongoing but the CPS denies the accusations.

Katie Russell, national spokesperson for Rape Crisis, said: “We have been saying for very many years that the legal system towards rape is failing. There are more people accessing our services than ever, yet these services remain under-resourced, so we can’t meet their demand. The situation with the criminal justice system and rape here is beyond urgent.”

The #MeToo movement against sexual assault and harassment exploded in late 2017 after a series of sexual assault allegations were made against men in Hollywood and other high-profile industries.

Women around the world have since shared their own stories of rape, assault and harassment.

Deeba Syed, senior legal officer at Rights of Women, a leading UK women’s legal charity, said: “This is the first verdict for the #MeToo era, finally the systematic inequalities and workplace culture which has allowed serial abusers to evade accountability are being dismantled. The verdict sends a clear signal that women no longer have to suffer in silence.

“Weinstein spent decades misusing his power and influence to coerce and manipulate women. Leveraging their careers against them, using threats and intimidation, Weinstein was able to silence those who sought to speak out against him.

“We commend the 100-plus women who came forward against Weinstein and share in their disappointment and frustration that only two had their day in court. This is symptomatic of a broken system, which dismisses, disbelieves women and places the burden of responsibility of holding their abuser to account on women.”

Ms Deeba said conviction of Weinstein sends an “unmistakable signal” that “no matter how powerful” an individual is, they are not “above the law.”

A spokesperson for the Crown Prosecution Service (CPS) said: “Rape is a devastating crime, and whenever the legal test is met, our dedicated prosecutors will bring charges at the most serious level they can, no matter how challenging the case.

“Every decision is, and always has been, taken in the same way, following the Code for Crown Prosecutors. No individual charging decision is influenced by any factor other than the merits of the case.

“We want every victim of sexual violence to trust that when they come forward and report an offence, it will be fully investigated and, whenever the evidence supports, charged and fairly prosecuted.”