A University College Student Association Magazine
WOMEN'S MONTH SPREAD
7
Weinstein Sentenced to 23 Years: Back to Square One? by Marielotte van Ballegooijen Six women, who had testified against Hollywood film producer Harvey Weinstein, hold each other in the front row of the Manhattan state courtroom, some of them in tears, whilst Weinstein is sentenced to 23 years in prison. Convicted of two accounts of sexual crimes the lengthy sentence could very well mean that the 67-year-old will spend the rest of his life in prison. The conviction came on Wednesday, 11th of March, nearly three years after the Hollywood mogul was first officially accused of sexual harassment in a lengthy story by the New York Times detailing decades of misconduct. Actresses such as Ashely Judd and Rose McGowan were some of the first Silence Breakers to come forward. The reporters of the story, Jody Kantor and Megan Twohey, sat near the front of the court as Weinstein was rolled into the room in a wheelchair the day of the conviction. “I feel remorse for this situation, I feel it deeply in my heart, (…) I am trying to be a better person.” Minutes before the conviction Weinstein addressed Judge James Burke in a 10-minute ramble stating he was “totally confused” about what had happened to him. The Judge and Jury, however, did not seem convinced by his regret, sentencing Weinstein to 23 years in prison for third-degree rape of actress Jessica Mann in 2013 and first-degree criminal sexual act on production assistant Mimi Haleyi in 2006. Despite this victory for the Silence Breakers, the Hollywood mogul was not convicted of the most serious charges, namely two counts of predatory sexual assault and first-degree rape. If he had been found guilty of these former charges Weinstein could have been sentenced to life in prison.
Upon first hearing about the sentencing, I was surprised. Although happy and relieved, the sentence seemed high for the sexual crimes he was found guilty of – especially in the context of the United States. For example, in the Brock Turner case from 2015, the Stanford swimmer was convicted of raping Chanel Miller at a university party for which the accused only received 6 months in prison. The worst part? Turner ended up only serving 90 days due to good behaviour. The more I spoke to people around me the more I realised I was not alone in thinking the sentence was surprising. Although most people thought Weinstein would be convicted, the consensus was that he would receive a maximum of 10 years. Even criminal lawyers, such as Natacha Harlequin, said she thought it was incredibly high. “From a personal standpoint, I fully stand with the women who have come forward during the #MeToo movement and am delighted with the sentence. From a lawyer’s perspective, I think it’s absurd.” Like Harlequin, I wonder whether the 23 year-long sentence will do more harm than good. Whilst Weinstein's sentence could set an unexpected precedent, it is more likely to further divide the already polarised debate surrounding the #MeToo movement. Since the start of the movement, in November 2017, it has been characterised by two opposing views: people who celebrate the Silence Breakers and others who doubt them. The harm in the highness of Weinstein’s sentence is that it runs the risk of further alienating people who are part of the latter. The sentence could be seen as ‘proof’ of how extreme or deranged the movement has become.
Weinstein’s defence lawyers have already called to appeal his conviction, hoping that the Court of Appeal will see the “unfair and unjust manner in which this trial has proceeded”. His lawyers have called the sentence “obscene” and “cowardly” but say they have “tremendous confidence in the appeals court”. The polarisation between standpoints with regards to the #MeToo movement will only increase if the sentence is appealed and the case is dragged on longer; especially because Weinstein and his lawyers will say the Judge and the Jury caved to political pressure. The silver lining is that the allegations, that sparked the #MeToo movement, send a strong message to anyone who has ever dealt with unwanted sexual advances – stating that the criminal justice system believes their experiences. The conviction also sends a reaffirming message to Weinstein’s victims who through their testimonies were able to bring down the Hollywood Titan. Now, I would like to celebrate the 87 women who have accused Weinstein of anything from sexual harassment to criminal behaviour. I celebrate the Silence Breakers, the Time's Up wave and the #MeToo movement. In Miller’s book Know My Name, where Chanel Miller breaks her anonymity, which she held during her trial against Brock Turner, she writes: “I became the lady with the blue hair, the one with the nose ring. I was sixty-two, I was Latina, I was a man with a beard. How do you come after me, when it is all of us?” So, as Weinstein’s appeal becomes known and his sentence questioned, I continue to celebrate all of us.
Comic © Anna Tchitcherine
