Harvey Weinstein, the Hollywood mogul faces numerous charges of rape and sexual assault. The disgraced film producer is already serving a 23-year sentence after being convicted of sex crimes in February 2020. His trial began this week and his attorney is justifying Weinstein’s assaults by switching the narrative of the allegations against him into a “consensus agreement” of “sex trade”.
His attorney dislodged many of the counts his client is charged with as “consensual sex”. His argument prevailed on the premise that his accusers reframed their experiences after Weinstein became a lightning rod for the #MeToo movement in 2017. Here are some of the defence made by Weinstein’s attorney.
What Was The Argument Put Forth By Harvey Weinstein’s Attorney?
Harvey Weinstein’s attorney tried to nullify the statements of the victims on the premise that there is no evidence against their client. His attorney’s stated that every victim who testified in the trial was an actress who played a role on the stand, to fit the narrative of #MeToo. They characterized #MeToo as an “asteroid” of a movement that “burst forth like a supernova” with Weinstein as the poster child.
His attorney told jurors that they should prepare for a “firehose of false and unprovable allegations” from women who agreed to have consensual sex with Weinstein. The defense also claimed that years later, the accusers are now embarrassed and lying about what happened in reality.
Weinstein’s attorney Mark Werksman said, “Look at my client. He’s not Brad Pitt or George Clooney. Do you think these beautiful women had sex with him because he’s hot? No, it’s because he’s powerful.” Attorney also told the jury that Hollywood has changed today, but back in the day, “transactional sex” was part for the course.
“Sex was a commodity” for “rich and powerful men, like my client,” Weinstein’s attorney said, even getting its own nickname: the casting couch. “Transactional sex … it may have been unpleasant … and now embarrassing,” Werksman said. “[But] everyone did it. He did it. They did it.”
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How Did The #MeToo Movement Portray Harvey Weinstein?
Weinstein’s attorney said the #MeToo movement is like a movie that turned Weinstein into “Hollywood’s Chernobyl,” casting him in the “smoldering radioactive” part of the “bad guy.” “The sequel to the casting couch is the #MeToo trial,” Weinstein’s defense said. Women “will play the part of the damsel in distress with this beast.” “They have to lie to themselves, to you, to this court,” Werksman told the jury. “Their hypocrisy will be on full display.”
During the prosecutor’s opening statement, quotes from women who will testify in the trial were presented to the jury, sharing their allegations of forcible oral sex, groping, fondling and rape. When the defense faced the jury, they urged the jury to use their “common sense”. The defense urged the jury to realize that there is no forensic evidence, such as a police report, rape kit, DNA, semen sample or surveillance video of any criminal activity to back up the women’s accusations.
“Each will boil down to ‘believe me,’” Weinstein’s attorney said of the victims. “If an accuser waits years, the allegation boils down to her word.” His attorney re-focused on Weinstein’s humble beginnings, telling the jury he was not born with a “silver spoon” in his mouth. His attorney asked the jurors not to get distracted by the stories of private jets and celebrity parties of him, since he had worked hard to create success for himself.
“With tremendous fame and fortune came fame of fortune seekers,” his attorney said. Women were categorized as having “consensual sex with Mr. Weinstein because they wanted to exploit their connection with Mr. Weinstein” and having “sex in exchange for something with value.”
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