Harvey Weinstein conviction overturned: How #MeToo cases find little success in courts

“That is unfair to survivors. We still live in our truth. And we know what happened. This is what it’s like to be a woman in America, living with male entitlement to our bodies,” said Hollywood actor Ashley Judd shortly after a New York court overturned the rape conviction against Harvey Weinstein.

On Thursday, the MeToo movement suffered a massive jolt when the New York appeals court overturned the 2020 sex crime conviction against former Hollywood film producer Harvey Weinstein and ordered a new trial.

In its judgment, the court in a majority opinion said: “We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes.

“The remedy for these egregious errors is a new trial,” it declared.

The decision to overturn the conviction of the once former Hollywood movie mogul marks a significant moment in the #MeToo battle; it reveals that as much as the court of public opinion has shifted in favour of victims of sexual harassment, in actual courts — be it in the US, India or China — where victims should be able to seek relief, not much has changed.

Harvey Weinstein’s conviction overturned

Thursday came as a shock to many of the women who had accused Harvey Weinstein, now 72 years of age, of sexual harassment. It was in 2020 that their allegations and testimonies led a conviction of first-degree criminal sexual act and third-degree rape, and he was sentenced to 23 years in prison.

However, four years later, the conviction has been overturned by The New York Court of Appeals in a 4-3 vote.

The ruling overturning Weinstein’s conviction led to a range of reactions from those involved with the case. While Weinstein “heaped praise” on his legal team and was “very gracious” and “very grateful,” the women who had made the accusations were left disappointed and angry.

Rosanna Arquette , who had made accusations against Weinstein, said in a statement to the Hollywood Reporter: “Harvey was rightfully convicted. It’s unfortunate that the court has overturned his conviction. As a survivor, I am beyond disappointed.”

Rose McGowan, who has accused Weinstein of raping her, said in a video statement: “No matter what they overturn, they cannot take away who we are and what we know, what we’ve gone through and what we can achieve in this life. We are not victims. We are people that were injured by evil.”

Katherine Kendall, who also accused Weinstein of harassment, said she was “flabbergasted”.

Advocacy groups also condemned the appeals’ decision. In a statement, the Silence Breakers, a group of people who publicly called out Weinstein’s sexual misconduct, called the ruling “profoundly unjust” but added that it did not diminish the testimony of survivors.

“The man found guilty continues to serve time in a California prison. When survivors everywhere broke their silence in 2017, the world changed. We continue to stand strong and advocate for that change. We will continue to fight for justice for survivors everywhere,” the group said.

Tarana Burke , credited as the founder of the #MeToo movement, said that “moments like this underscore why movements are necessary”.

MeToo cases in the US

The overturning of Weinstein’s conviction is the second such high-profile incident in the US.

The famous comedian Bill Cosby was convicted in 2018 of drugging and sexually assaulting a woman, but a Pennsylvania appeals court overturned the conviction in 2021, saying his due process rights were violated.

The court had then overturned the decision, saying that Cosby was unfairly prosecuted because the previous district attorney had promised the comedian that he wouldn’t be charged over the accusations. Cosby was charged by another prosecutor who claimed he wasn’t bound by that agreement.

The court had concluded that the prosecutor who later brought the charges was obligated to stick to the non-prosecution agreement, so the conviction cannot stand. The justices wrote that “denying the defendant the benefit of that decision is an affront to fundamental fairness, particularly when it results in a criminal prosecution that was foregone for more than a decade.”

MeToo activists at the time had expressed their shock and disgust at the decision with actor Amber Tamblyn, a founder of Time’s Up, an advocacy group for sex-crime victims, saying: “I personally know women who this man drugged and raped while unconscious. Shame on the court and this decision.”

Activists, in fact, note that the #MeToo cases in the US has seen a mix of success. While changing popular opinion, not much has changed in courts. Ever since #MeToo first gripped the public in October 2017, most of the cases have been settled or dismissed.

For instance, the 2018 case in which a female sales representative sued her employer after a business trip with a male co-worker took an unwelcome turn. The co-worker repeatedly made sexual advances over the woman’s objections, insinuated that they should skinny-dip together, and went into her hotel room and crawled into her bed, saying she needed a “cuddle buddy.”

He eventually left, but continued to knock on the door of the woman’s hotel room throughout the night. After the woman reported the behaviour to her supervisor, her company determined no discipline was necessary. When the case made its way to court, the judge determined that this was not sexual harassment, because a reasonable person should have “the thick skin that comes from living in the modern world.”

However, this is not to say that all women who have knocked on the doors of the US judiciary have been unheard. There are number of instances when women have complained of sexual harassment at the workplace and have received justice.

#MeToo cases, the courts, and the world

And it’s not just the US. In China, in 2021, one of the most prominent #MeToo cases concluded when a Beijing court ruled that it could not determine whether sexual harassment occurred. The case pertained to Zhou Xiaoxuan who had alleged that Zhu Jun, a well-known television anchor, groped and forcibly kissed her in 2014 in a dressing room at CCTV, China’s state broadcaster, where she was briefly an intern. In court, she had asked for a public apology as well as RMB50,000 ($7,600) in damages.

The same situation can be seen in India too. In 2018, a former junior staffer levelled allegations against then Chief Justice of India Ranjan Gogoi. In a sworn affidavit, the employee alleged that Gogoi had sexually harassed her, an accusation he denied.

At first, Gogoi chaired a special session of the Supreme Court where he denounced the allegations. Later, an informal committee of three judges was set up to examine the allegations. Later, the court announced that the panel had found no substance to the woman’s allegations and that its report would remain secret.

Perils of legal route in #MeToo cases

In most #MeToo cases, the abused refrain from the legal route owing to the many perils involved. In India, legal experts note that one of the many reasons why the women choose silence over justice is because of the threat of a defamation suit.

As Karuna Nundy, a Supreme Court advocate, told The Quint: “First thing that happens is when a woman speaks up. You may have a defamation case or a legal notice sent to the survivor by the accused, even before she files a complaint at the police station.”

For instance, the Priya Ramani vs MJ Akbar matter. Ramani, a journalist, was slapped with a defamation case by the former Union minister after she levelled allegations against him. While a Delhi court ruled in favour of Ramani, the matter is still languishing in the Delhi High Court.

And that’s not all. When a complainant chooses to file a case, in many cases, the police won’t take it seriously.

Moreover, the legal route is long and tiring. Sexual harassment cases can last a long, long time. Senior Advocate Rabecca John tells The Quint: “It can take forever.” Adding that, “There are many cases in court which have been going on for six, seven, eight and nine years and are nowhere near completion. Which woman wants to put her life on hold for so long,?” she said.

It is these factors that make going to court a daunting task.

When this will change, is unknown. But until then, victims of sexual harassment have a tough choice: approach the courts and hope for justice, and pray that the conviction is not overturned. Or suffer the trauma quietly at home.

With inputs from agencies