Weinstein Sentenced to 23 Years

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

Agony Aunt

Yo, I think I really like this guy but I’m not sure if he is gay or into me? How can I check this without making a fool of myself? Please help before I do something stupid.

Dear Anon, There are definitely more indirect ways to go about finding out someone’s sexual orientation. This might be dropping subtle comments, like how hot some celebrity guy is, and then seeing their reaction, or talking about an issue you had with your ex and asking them if they had to deal with the same thing with theirs (then hoping they drop that ex’s gender.) Of course, you can also go to third parties, asking their friends or unitmates if they have any idea. To be honest with you though, I think that the best way to handle this kind of situation is just to be upfront. Now I’m not saying that you should charge up and kiss them on the spot to see what happens, but if you’re in a situation that allows for it, sometimes just asking (in an appropriate way) can be the best solution. As for them being into you, one test that I swear by is eye contact. This may sound weird but trust me; if you find yourself always making eye contact with him, or that when you do, it’s more than just a one second awkward glance, I am willing to bet money that this interest is not just a one-sided affair.

Wassup, My 13 year old cousin has recently been posting some troubling photos of herself on Instagram. Nothing explicit, just posing in a way that resembles Instagram influencers. I get where this is coming from and I don't blame her, I’m just worried because I see that this is growing into something that could be damaging for her self-image and mental health as I have gone through something similar. How can I help her without sounding like an annoying adult? xxx

Dear Anon, This is a tricky one because if she is doing it, then it is very likely that all of her friends are too, so in her eyes, these kinds of posts are probably what is normal. Hopefully, because you are her cousin and at university, she is less likely to see you as the patronising family member and more as someone who she can relate to, which might make her more likely to listen. Try to talk to her from a place of experience rather than judgement. Instead of telling her what she is doing wrong, maybe start with what you did wrong in the past, even casually joking about how you are embarrassed about what you posted and regret it now. Instead of seeming like an attack on her, the conversation will hopefully seem like a piece of laid-back advice from her older and more experienced cousin.

Finding Femininity by Swasthika Anand

“How I occupy space in the world” is how I understand gender. I remember my high school psychology teacher explaining to me that kids feel their gender identity innately, as early as three years old. However, not all of us are so fortunate. My journey has been nineteen years long, and this is that story.

I grew up in a household with two men, who often will admit themselves that they can be the epitome of toxic masculinity, and almost always no women. I began to pick up many of my gender cues from these two men, my dad, and my brother. The way I portrayed my gender was never similar to that of my friends who belonged to the binary. I never really thought about my gender identity until I became a teenager, and all of a sudden, it felt like everyone around me began to impose the stereotypical female gender role onto me. I pushed back as hard as I could, but at some point, I decided to put on a facade because I was beginning to grow tired.

Going to college, and embracing my queer identity more than ever before opened up a world of possibilities. My queerness gave me the space to express myself however I wanted to, in any situation. While I was still questioning what box I fit into, I at least did not have the added pain of pretending to fit into a box I felt like I didn’t belong in. The agency felt like a breath of fresh air. During this period, I began diving deeper into queer culture. And as I moved more in-depth, I noticed a pattern. I identified

with, and admired the exaggerated femininity that people with very different bodies fully embraced. For the first time, I did not feel forced to participate in being feminine; instead, I felt naturally drawn to it, as it pointed out to me all the things I found beautiful. It felt like I was finding home. I began replicating all that I was comfortable with, and eventually, I reached a place where I could say that I no longer questioned what box I fit into. I felt like a woman, a woman that owned it all from her anger to her unbearable joy; a woman who reclaimed her gendered body with its tiger stripes, back rolls, and all.

Throughout this experience, the most important thing that kept me going was knowing that I was not on this journey alone. Hearing the experiences of others and having my process acknowledged made me feel validated. This is why I wanted to share my story- so you could feel validated too. Somewhere along the way, a friend, Willemijn, said, “ I did not choose to be a physical entity. If I am going to have to be something, I might as well slap some glitter on it”. This encouraged me to be whoever I wanted to be while I was figuring out what would make me comfortable in my skin, and maybe it will help you too. Some may find that a label gives them power. But you, dear reader, you do not owe it yourself, or the world to label yourself if you do not want to. This process may be long and draining, but it is exclusively yours and oh, so beautiful.

The Reality of Sexual Assault on College Campuses by Rafaella Karadsheh

About 20% of women on college campuses in the United States experience a form of sexual assault during their time in college. Does the number sound low to you? If 100 women were in a lecture, 20 of them would have been assaulted. Still low? How about 1 in every 5 women?

Statistics aside, there is a haunting reality that sexual assault is increasingly common on college campuses, and nothing is being done about it. In my (short) time on exchange in California, I have heard some stories that made the hair on the back of my neck stand up. In the University of California Santa Barbara (UCSB), two attempted assaults, two uses of date rape drugs, and a rape occurred within the span of just over 23 days in October of 2019. There have been no reported repercussions, except for the removal of the individual accused of two attempted assaults. Across the country, Harvard University had a total of 83 forcible sex offences between 2010 and 2012. And those are only the reported cases. The American Civil Liberties Union has estimated that roughly 95% of campus rapes go unreported, meaning those numbers could be even higher.

The prevalence of sexual assault on campus has unfortunately caused it to be normalised. Fraternities now give consent workshops for all of their pledges (the group of students rushing for a fraternity) to teach them how to behave around women, often using similes like making a hot dog. According to some friends, the whole lecture seemed odd. In attempt to open a discussion using a more lighthearted anecdote, it seems that the seriousness and weight of this issue was lost. This probably explains why a few weeks later, a pledge was kicked out of a fraternity for assaulting a female student.

It is time for a (very) long overdue discussion on sexual assault that is raw and unfiltered. It is time that we talk about the things that make us feel uncomfortable. It is time that we step out of our comfortable bubbles and face reality. Because as long as we continue to whisper about these crimes being committed, we continue to excuse every perpetrator’s behaviour.