The Weinstein ruling is an insult to rape victims, whatever his lawyers say

The decision is further proof that the legal system is less concerned with justice for survivors than it is about protecting rich and privileged men, writes Charlotte Proudman

Weinstein’s 2020 rape conviction was overturned by an appeals court because of a ‘crucial’ error in the initial trial (AP)

Harvey Weinstein was one of the principal monsters of the MeToo movement. More than 85 women accused him of sexual misconduct, including Ashley Judd, Rose McGowan, Gwyneth Paltrow and Asia Argento.

For decades, the media industry was owned by sinister men like Weinstein, who used their influence to abuse women and get away with it. When he was convicted in two criminal trials in 2020 and 2022 for raping women, it showed that MeToo had finally brought powerful men like him to justice.

Fast forward to 2024, and Weinstein’s 2020 rape conviction was overturned by an appeals court because of a “crucial” error in the initial trial. The error? Allowing other women to give evidence about alleged sexual abuse when they were not complainants in the trial. It is another example of the silencing of women, and proof that the law was created by and for men.

MeToo once held the promise of a revolutionary movement for women. Instead, it has been weaponised by those who stand accused and those who sympathise with them, who will use any means available to them to destroy their victims.

We watched this happen live on our screens during the Depp v Heard trial in Virginia, US, as well as the misogynistic aftermath on social media. We saw people laughing at alleged sexual assault, and even reenacting domestic abuse scenes themselves. In that instance, domestic abuse was reduced to a sensationalised drama to profiteer from.

More than 60 women accused Bill Cosby of abuse, and yet his sexual assault conviction was overturned in 2021. The US Supreme Court refused to hear an appeal of a Pennsylvania court decision to dismiss Cosby’s sexual assault conviction. Cosby’s lawyer said, it’s “a beautiful day for women… and justice for black America.” Weinstein’s lawyer echoed this sentiment yesterday, saying it’s a “great day for America” after announcing his client’s rape conviction had been overturned. It is certainly a great day for perpetrators of rape – and a very dark day for the justice system and survivors.

Not all the appeal judges supported Weinstein’s appeal. In a scathing dissent, Judge Singas accused the majority judges of “fundamental misunderstandings of sexual violence perpetrated by men known to, and with significant power over, the women they victimise … By whitewashing the facts to conform to a he-said/she-said narrative, by ignoring evidence of defendant’s manipulation and premeditation … this Court has continued a disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence.” 

Singas explained that “the defence sought to capitalize on these pervasive rape myths, and rape culture at large, asking the jury to believe that, despite their words and actions, the victims were consenting”.

The law is the law. It is dispassionate and unemotional, is based on facts and (often archaic) legislature. But what the ruling also shows – as someone who works within it in this country – is that the justice system works for rich, powerful, white men. Do victims get a right of appeal when their rapist is found “not guilty”? Of course not. Where is their right to a fair trial?

This decision will further erode survivors’ trust and confidence in the criminal justice system. I feel deep grief and pain for those who stood in that courtroom, looked Weinstein in the eye, and told the world exactly what he did to them. Confronting one’s abuser is one of the most difficult things a person can do, and for what? To have the conviction overturned and for a re-trial, which means the victims will have to give evidence all over again. When we talk about the criminal justice system re-traumatising victims, this is precisely what we mean.

The reason MeToo took place on social media instead of in the criminal courts is because the law doesn’t support victims. Why would victims put their trust in an inherently male establishment that does not reflect their lived experiences?

The hard truth is that a rapist is more likely to get away with rape than to be convicted of rape. Most rapes are never even reported to the police, and if they are reported, most cases do not result in a charge, or prosecution. Even if they get to trial, there’s no guarantee of a conviction. Worse still, a case can take years to even get to court.

If they ever do get to court, many victims describe cross-examination as like suffering a character assassination that’s worse than the rape. Far too often, victims are positioned as perpetrators (liars) or the worst “kind” of woman, smeared as mentally ill or promiscuous. We can already see a version of this playing out on social media, with people decrying Weinstein’s victims as liars (despite the fact his 2022 conviction for rape has not been overturned).

The fallout from this will extend far beyond the courtroom. It sends a message to victims everywhere: your trauma is inconsequential, your pain trivial, and your quest for justice futile. The scales of justice are forever tipped in favour of the privileged, abandoning and betraying victims. Ashley Judd, one of the first to step forward against Weinstein, responded to the news by saying, “This is what it’s like to be a woman in America, living with male entitlement to our bodies.”

Until systemic reforms are enacted to dismantle power imbalances, and survivor-centric approaches are prioritised, the justice system will continue to fail in its most fundamental duty: to protect and uphold justice.