Survivors Fear Split Verdict in Harvey Weinstein’s L.A. Trial May Signal a Step Back for #MeToo
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Harvey Weinstein, by all accounts, will likely spend the rest of his life in prison. But even with a second conviction, survivors of sexual assault are wary of celebrating the split verdict where a jury found Weinstein guilty of three charges, acquitted him another and were deadlocked on three more.
“I have very mixed feelings about the verdict,” says Rowena Chiu, a former assistant of Weinstein who accused him of attempted rape when she was a Miramax employee in 1998. Chiu was on the witness list for the trial, but was ultimately not called to testify. Weinstein being a “convicted sex offender in two jurisdictions vindicates the bravery of his many victims in speaking out,” Chiu says. At the same time, “I feel deep hurt and frustration for those victims and supporting witnesses who went through the humiliation and trauma of testifying, only for the jury to acquit or be hung on some counts,” she adds.
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“This points to the deep, continued failings in our legal system for sexual assault cases, and the distance the #MeToo movement still has to travel, if victims are to ever feel safe speaking out against sexual predators,” Chiu says.
Women In Film, an organization that works towards equality and parity for women in the entertainment industry, called the verdict “the latest step backward in what’s become a troubling regression against efforts to combat a culture of harassment and misconduct in Hollywood.”
The three charges on which Weinstein was convicted are significant. He faces a maximum sentence of 18 years in prison, after being found guilty of forcible rape, forcible oral copulation and penetration by a foreign object. Weinstein is already serving a 23-year sentence in New York where he was found guilty of rape and sexual assault. And yet, the jury’s verdict indicated that they could only unanimously agree on charges pertaining to one women, Jane Doe #1. They acquitted Weinstein on the felony charge associated with Jane Doe #3, though they deadlocked on the misdemeanor sexual battery charge with the far majority of jurors believing Weinstein was guilty. The breakdown of the hung verdicts indicated that the jurors were leaning towards a guilty conviction of Jane Doe #2 and Jane Doe #4, but could not come to an agreement, resulting in a mistrial on those charges.
In other words, the stark reality is that the jury only entirely believed one woman.
“After enduring the process of having my traumas thrown under a microscope for the entire world to examine, the verdict didn’t turn out the way we wanted. Yet I have no regrets,” Jane Doe #3 says in a statement, obtained by Variety. “I took the stand, stared into the eyes of my attacker for three days in a brutal trial, spoke my truth, and regained my power. I am no longer afraid of Harvey Weinstein.”
Jane Doe #3, a massage therapist who testified that Weinstein masturbated in front of her during a massage appointment, was the basis for his felony sexual battery by restraint charge on which he was acquitted. “I always knew this verdict was a possibility,” she says. “But I also know the truth of what happened to me and many other women, and I don’t need a jury to tell me if he’s guilty or not.”
“The fear of a not guilty verdict is one of the reasons so many women and men choose not to come forward against their assailant. But I decided I had to use my voice,” her statement continues, in part. “It was hard, but I know I did right by myself and for countless other women who were assaulted by this monster.”
Jane Doe #1, the woman who was believed unanimously by all 12 jurors, gave three days of grueling testimony. Her accusations held the most charges and potential time for Weinstein. “I hope Weinstein never sees the outside of a prison cell during his lifetime,” she said on Monday in a statement. Her attorney, Dave Ring, applauded his client, stating, “No victim should have to endure what Jane Doe #1 did the past five years after she came forward. Weinstein and his lawyers did everything they could to intimidate her and discredit her, and they failed miserably. Jane Doe #1’s life has been incredibly difficult since she revealed the rape in 2017, but she persevered and brought Weinstein down.”
Caitlin Dulany, an actor and Silence Breaker who previously accused Weinstein, was sitting in the courtroom for opening statements and on a few other days throughout the trial. Dulany, who is an elected Los Angeles Local Board Member with SAG-AFTRA, says that hearing that testimony of Jane Doe #1 was a jarring experience.
“Although I am deeply disappointed that the jury could not reach unanimous guilty verdicts on all of the counts, I am truly grateful that the jury has delivered a guilty verdict on some counts in this trial,” says Dulany. “I had the opportunity to be at court to support my fellow survivors as they bravely told their stories only to be met with attacks and attempts to discredit them and their experiences. Listening to them was like reliving my own experiences and I felt a lot of personal grief on those days in court. I watched Jane Doe #1 literally shake with nerves and cry as she relived her assault, and I am thrilled that the jury found Harvey Weinstein guilty of the crimes that he committed against her.”
The L.A. trial largely rested on four women who served as key “Jane Doe” witnesses, though eight women in total testified with accusations against Weinstein.
Attorney Gloria Allred — who represented Lauren Young, known in the case as Jane Doe #2, and also one of the supporting witnesses, Natassia M. — says that justice prevailed, even though the jury was deadlocked on the sexual battery charge brought on by Young. She notes that the jury voted 10 to 2 for a conviction on that charge.
“Lauren is the only witness to have testified in both prosecutions. She was very brave to have undergone extensive cross examination in both criminal cases,” Allred says. “I am very honored to have represented her both in New York and in Los Angeles and I am very glad that Mr. Weinstein was convicted today of some of the charges filed against him.”
“I have tremendous amounts of empathy for the victims of sexual violence, and I am glad there is one less monster on the streets. Women need to stand up and speak their truth so they can heal, move on with their lives and be happy,” says Young. “Leaving this trial behind is like a huge weight has been lifted and it allows me to finally live my life with less fear. I am embracing my inner voice and I will never be silent again.”
What occurs in a court of law is different than what transpires in a court of public opinion. Weinstein, arguably the spark that ignited the #MeToo movement, has become the poster boy for perpetrators and has been accused of sexual abuse by more than 100 women. But in a trial, a jury is instructed to focus on the narrow window of what happens in the courtroom. And that means that highly accomplished defense attorneys can effectively instill enough reasonable doubt into even one juror’s mind to sway them. Plus, it’s very difficult to prosecute a sexual assault case. There’s often little physical evidence and many of these claims rest on he-said-she-said arguments.
“The fact that he is only charged with some of his crimes illustrates that sexual assault victims are always in an uphill battle to prove that a crime was committed against them,” says Silence Breaker Louise Godbold, the executive director of Echo, an organization that educates and empowers trauma survivors through trainings. “No other crime victim bears this burden and no other criminal can so easily escape judgement by calling into question the memory and character of the victim. All the women who testified are brave beyond belief and their truth is no less diminished by this jury’s findings.”
Weinstein’s accusers aren’t the only ones feeling mixed emotions. Anita Hill, who gained national prominence when she publicly took a stand against workplace sexual harassment in 1991 to accuse Justice Clarence Thomas, says that the Weinstein verdict indicates a commitment to justice and accountability. But she notes that the high-profile trial is only one case among a much larger problem. As chair of the Hollywood Commission, Hill is working to eliminate abusive behaviors in the workplace
“Real progress toward safer and more equitable workplaces requires acknowledging the institutional practices and industry culture that tolerate abuse, discrimination, harassment and bullying,” says Hill, in part in a statement. “While holding Individuals accountable demonstrates our collective commitment to meaningful change, the entertainment industry needs to be equally focused on holding our institutions accountable.”
Louisette Geiss, one of the first women to accuse Weinstein of sexual harassment in 2017, testified during the trial as a corroborating witness for Jane Doe #4, Jennifer Siebel Newsom. “While today’s verdict does not deliver the justice all the victims deserve, I am inspired by my fellow Silence Breakers who came forward at great personal risk to tell their devastating stories of abuse,” Geiss says. “Their courage in speaking up was not in vain. Their devastating accounts revealed the long-term negative repercussions of sexual abuse on survivors’ careers, mental health, and economic security … I will continue working alongside survivors to raise awareness of the scourge of sexual abuse until every person is respected and safe in their workplaces.”
Here, survivors and victim’s attorneys speak out about the split verdict in the Harvey Weinstein trial…
Jennifer Siebel Newsom, the First Partner of California and wife to Gov. Gavin Newsom, who was identified as Jane Doe #4 in the trial:
“Harvey Weinstein will never be able to rape another woman. He will spend the rest of his life behind bars where he belongs. Harvey Weinstein is a serial predator and what he did was rape. Throughout the trial, Weinstein’s lawyers used sexism, misogyny and bullying tactics to intimidate, demean and ridicule us survivors. This trial was a stark reminder that we as a society have work to do. To all survivors out there — I see you, I hear you and I stand with you.”
Ashley Matthau, one of the eight women who testified against Harvey Weinstein in the trial:
“When I heard the jury return the guilty verdicts, it was a cathartic moment for me. I thought to myself, ‘This is a victory for all the victims who made the very difficult decision to step forward and testify.’ We all went into this case with one common goal: to make sure he would never rape again. The decision by the jury ensured that reality. I am enormously grateful for those who stood with us in this case, and very grateful the jury could see past the loathsome, desperate attacks used by the defense team. This is vindication for all the women Weinstein raped and abused. Every woman who made the tough choice to take the stand knew they would be the target for the defense — what we could not expect was the savagery that the defense team exhibited … This courtroom behavior demonstrates that we have a long way to go in protecting victims. It horrifies me to think that other victims in other cases saw what happened and are now reluctant to come forward — that is a crime, as well.”
Dawn Dunning, one of the key witnesses who testified in Harvey Weinstein’s New York 2020 trial:
“Harvey Weinstein is a convicted rapist who has ruined hundreds of women’s lives — we will carry this with us always. There has been harrowing testimony from the brave women that continued to show a devastating pattern of Weinstein’s abuse. A jury of 12 people has found Weinstein guilty of rape for the second time — there should be no question of his innocence or the victims motives any longer. The defense had the same victim-blaming tactics as they did in New York. I want to thank the survivors and Silence Breakers who endured this re-traumatization in the pursuit of justice. This is a very important trial to ensure Weinstein stays in prison and cannot continue to hurt anyone else. We have an opportunity to not necessarily stop predators, but to provide agency and protection for victims by continuing to change the laws and social narratives. These trials have demonstrated that society will no longer tolerate sexual assault and abuse of power.”
Larissa Gomes, actor and Silence Breaker who previously accused Harvey Weinstein of sexual harassment:
“Although it was not a win on all counts, there is incredible strength that must be found in order to pour out painful stories publicly for justice to be served. It comes at a grave personal cost. I am grateful to my fellow Silence Breakers, they continue to speak truth to power and expose abuse. We as a society have an opportunity to examine our culture, our systems in all its complexities in order to change things around us and within us. There is so much more to be done. Yet today, with these wins, he is being held to account again, I think we can take moment to recognize that we are living in a reality that didn’t exist before, and this is a fundamental push in the right direction.”
Sarah Ann Masse, founder of Hire Survivors Hollywood and actor in “She Said”:
“Harvey Weinstein has, once again, been found guilty of rape and sexual assault on the back of a trial that, once again, found his defense lawyers stooping to ugly, outdated, harmful victim-blaming tactics. But, as it should be, the survivors who took the stand and the countless survivors who have shared their stories over the years have used their voices to tell the truth and to help hold a notorious abuser accountable for his many crimes. I am personally deeply grateful to all of my fellow survivors: whether they shared their story or not, whether they got their day in court or not, whether they are feeling everything or nothing right now. We have only reached this moment of accountability because of the efforts, sacrifices and bravery of survivors. And while today is one version of imperfect justice being served, we should remember that our focus must always be on supporting survivors and putting an end to sexual violence. We all have a role to play in creating cultural change, so let’s work towards legislative reform. Let’s believe, support and hire survivors. And let’s continue to hold abusers and their facilitators accountable.”
Melissa Thompson, survivor who was part of a class action suit in 2018 against Harvey Weinstein:
“Today’s verdict expanded the geographic scope and confirmed again what is known as true: Harvey Weinstein is a serial rapist. While the verdict on the counts related to two of his victims were not unanimous, most of the jury found Weinstein guilty on six of the seven counts for which he was charged in this most recent criminal trial. It is widely known that the conviction statistics in rape and sexual offense cases are bleak; further, it is known to be the most underreported crime and also the most difficult to prosecute. These complexities are reflected in the hung jury for three of the seven counts with which Weinstein was charged.
Nonetheless, this verdict cemented two truths: Harvey Weinstein is a serial sexual predator and convictions of even the strongest cases of an already-convicted rapist are difficult at best. I feel confident in speaking for Weinstein’s survivors in saying that we hope that his sentence reflects the strength of conviction of the guilty verdicts that were achieved and also, that the we — survivors of his predation — will not stop in our pursuit of justice until Harvey Weinstein’s legacy no longer labels him as “disgraced Hollywood producer”, but more fittingly as “Harvey Weinstein, serial rapist and sexual predator.”
Attorneys Debra Katz and Lisa Banks of Katz Banks Kumin, and Genie Harrison of Genie Harrison Law Firm, who represented Jane Doe #3:
“We are incredibly proud of our courageous client, Jane Doe #3, and grateful to the other survivors who came forward against convicted rapist and sexual abuser Harvey Weinstein. Though we are disappointed that the jury found Weinstein not guilty of felony sexual battery by restraint against our client, we know through its deadlock on the misdemeanor sexual battery charge that 80% of the jury believed our client was sexually battered by Harvey Weinstein. In that real sense, Jane Doe #3 was vindicated through this trial. Harvey Weinstein is a prolific sexual abuser, and the courageous women who stood up against him are the tip of the spear that struck a blow against systemic sexual abuse. Without their courage, change would not have begun. Along with our client, we urge all survivors to report sexual abuse as soon as possible after it happens. As always, we believe and stand with the survivors.”
Attorney Elizabeth Fegan of FeganScott, who represented Jennifer Siebel Newsom and Ashley Matthau:
“Over the course of several weeks, eight amazingly courageous women faced their abuser, Harvey Weinstein. They stood up and shared terribly painful stories with the jurors, and endured attacks from the defense team intended to humiliate and shame them for their bravery. We are thankful that those jurors saw Weinstein for what he is — a serial predator. While we would have preferred that those jurors had found him guilty on all counts, we understand that it was a complex trial, made more difficult by the defense team’s argument that a woman who is assaulted must forego her chosen career or be accused of consent after the fact.
My client, Jane Doe #4, shared her story not with an expectation to testify, but to support all the survivors who bravely came forward. While we are heartened that the jury found Weinstein guilty on some of the counts, we are disappointed that the jury could not reach a unanimous verdict on Jane Doe #4. She will continue to fight for all women and all survivors of abuse against a system that permits the victim to be shamed and re-traumatized in the name of justice. The bravery and courage demonstrated by these women will not be dimmed. Their heroic actions have ensured that Harvey Weinstein will likely spend the rest of his life in prison where he belongs, and that people like him understand the consequences of their actions.”
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