Thank You, Harvey

The following is a fact ingrained in young girls’ minds as soon as they are old enough to understand it: one in four women will be raped in their lifetime.

My earliest memory of this statistic was in 8th grade health class before I even understood the nuances of the various types of sexual misconduct. As women on a college campus aware of the increased attention to sexual assault on social media, the issue is even more prevalent our daily lives.  

Recently, however, movie mogul Harvey Weinstein received an unexpected verdict, and many are saying this will be considered a landmark case. When cases like this go to trial, there isn’t typically a favorable outcome. According to the New York Times, many of Weinstein’s accusers were mentally and emotionally preparing for him to be acquitted. But justice prevailed, hinting that maybe the courts are finally catching on.

Historically, the burden of proof, a.k.a. being able to prove with evidence that something happened, was placed on the victim. This means that not only were victims forced to relive their experience during a trial but also that they had to come up with solid evidence (preferably providing a witness), in order to prove the validity of the events they claim to be true.

But just wait—it gets worse. The legal reasoning for this requirement is as follows: “Since stories of rape are frequently lies or fantasies, it is reasonable to provide that such a story, in itself, should not be enough evidence to convict a man of crime.”  

Let’s put this into perspective. The law forces the victim to present a witness that saw the assault or was informed of the events shortly after, or else the testimony is not treated as factual. The issue with this is obvious to anyone who has experienced or knows someone who has been a victim of sexual assault—most people don’t report right away, or at all, due to fear of either their aggressor or not being believed (or both).  

It wasn’t until 1980 that many of these corroboration laws were repealed. So, between 1980 and February 24, 2020, the court system seems to have figured things out. Weinstein was convicted on two felony sexual assault charges. In both cases, the witnesses maintained complicated relationships with the accused after their assault. The idea that a victim could maintain contact with someone they claimed to have sexually harassed them was previously evidence enough to clear the accused on all charges.

With this conviction, the #MeToo movement, which took off when Weinstein was initially accused, has proven itself as more than just a social media movement. This hashtag fundamentally changed the way the legal system treats victims of sexual assault. This hashtag created a forum for men and women to finally speak out about their experience with sexual misconduct and connected an army of survivors. So thank you, Harvey, in the worst way. The consequences of your actions will empower future survivors to speak out and get the justice they deserve.