Harvey Weinstein: Leverage or Nothing

//Harvey Weinstein: Leverage or Nothing

Harvey Weinstein: Leverage or Nothing

Harvey Weinstein is in some serious trouble. If you pay any attention to the news, then you know that Weinstein faces many allegations of sexual assault and harassment. But there’s one thing that the news doesn’t say – whether or not any of the accusers have a case. With no evidence, the accusations could mean nothing. Find out if any of Weinstein’s accusers have any leverage against him.

The Basics of the Case

Before you can understand whether or not Harvey Weinstein’s accusers have any leverage, you need to understand the specifics of the accusations. As with all celebrity allegations, there are many rumors flying around. While some of them are true, others are false. Here are the facts of the case:

        

  1. The New  York Times reported that Harvey Weinstein had several complaints of misconduct and sexual harassment.
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  3. In response to the article, women from all over the world came forward with allegations of rape, harassment, and assault.
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  5. Weinstein’s accusations of sexual misconduct date back to the 1970s.
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  7. Hope Exiner d’Amore claims that Harvey Weinstein raped her in the 70s. According to d’Amore, he raped her in a hotel room.
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  9. In another claim, Cynthia Burr said that Harvey Weinstein forced her to have oral sex.
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  11. Dancer Ashley Matthau claims that Weinstein forced her onto a bed. Then (according to her), he straddled her and masturbated. Although Weinstein paid her off to silence her, Matthau came forward anyway.
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  13. There were back-to-back complaints about Weinstein forcibly performing oral sex on two different women. Although the complaints were from different years, the women came forward with them on the same day.

Do They Have Any Leverage?

It is difficult to say whether or not any of these accusations come with leverage. Although there is proof that Weinstein paid off women who accused him of sexual harassment, that’s not enough. There needs to be more proof.

Accusations are just that – accusations. For a judge to issue a guilty verdict, there needs to be proof. If there’s not enough proof, then Harvey Weinstein won’t have any consequences. As of now, it’s impossible to say whether there is enough proof against the Hollywood producer. The police are investigating the claims of sexual assault.If anything comes up in those investigations, then Weinstein could be in trouble.

The Clock is Ticking

One of the details in Weinstein’s favor is the timeline of his accusations. If some events occurred too long ago, the police could not investigate a crime. For example, the 1970s rape case occurred too long ago for police to pursue charges. The statute of limitations makes that impossible.

However, other charges can be pursued. The statute of limitations differs depending on the severity of charges and the location of the incident. Many of the accusations against Weinstein occurred recently enough that authorities can pursue charges.

Does Weinstein Have a Case for Libel?

According to Weinstein’s lawyer, The New York Times spread lies about Weinstein and his case. As a result, he wants to sue the newspaper. The lawyer claimed that the story about Weinstein includes hearsay, a faulty report, and stolen information. Additionally, he claimed that eyewitnesses debunked some of the story.

Despite Weinstein’s intentions to sue, it is unlikely that the case will be a success. For one, there are too many accusations against Weinstein. Secondly, the publication did nothing wrong to obtain the “stolen” report. It came from a source, which is where the publication gets most of its documents.

This case is different than most libel cases. In some libel cases, the newspaper in question uses an anonymous source. However, the New York Times had many reliable, named sources. Many individuals came out and accused Weinstein. Therefore, there is no reason to doubt the newspaper. They used reliable journalism to print an accurate story.

Generally speaking, successfully suing a newspaper is difficult. In a recent case, Sarah Palin sued the New York Times. They published an editorial that connected her political action committee and a murderous rampage. Although there was proof that the editor used false statements in the article, a judge dismissed the case. In that case, there was a stronger case for libel. Harvey Weinstein’s lawyer might have a more difficult time proving his point.

What Will Happen With Harvey Weinstein?

The Weinstein accusations are very complex. In addition to facing charges in the US, he also faces charges in the UK. Authorities in the US and UK are looking into Weinstein’s behavior and the accusations against him.

Until the authorities finish their investigation, it’s impossible to say whether the accusers have a case. With so many people accusing him, it seems likely that the police could find evidence against Weinstein. However, it’s important to realize that Weinstein has an excellent . This greatly improves Weinstein’s chances in court. Even if there is strong evidence against Weinstein, his lawyer can fight the charges.

By |2018-08-14T15:34:30+00:00December 27th, 2017|The RI Criminal Defense Blog|0 Comments

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