It’s a hard blow. Because this case is not just any case: Harvey Weinstein was the trigger for the MeToo movement in October 2017, and his conviction in 2020 a historic victory for the 90 women who testified and beyond that a hope for so many ‘others.
However, the decision of the New York Court of Appeal yesterday concerns the form, not the substance: the judge should not have admitted certain testimonies of attacks prior to the facts being judged or outside NY. But it is not without consequences. This decision taken by a narrow majority is already contested by judges who fear that by setting a precedent it will make it more difficult for victims to assert their rights against serial attackers. Because highlighting repetitive behavior can prove decisive in identifying the profile of the accused.
Weinstein’s lawyers are of course talking about victory, and the detractors of MeToo for their part do not fail to boast, and to reinforce an anti-feminist discourse which is gaining ground and feeding the Trump electorate.
Weinstein is not out of the woods yet: he remains incarcerated on another conviction in California, and he will be retried in New York. But these reversals raise questions about the effectiveness of legal systems in providing justice to victims of sexual violence.
In France, how do you perceive the situation in relation to this movement?
France is not spared by the inability of justice to give satisfactory follow-up to Metoo , in other words, by impunity. Can you name one of the Metoo defendants who was convicted by the courts 7 years ago?
If MeToo has raised healthy awareness and the number of complaints filed has exploded, everything remains to be done. Convictions are stagnating and dismissals are increasing to reach 94% in 2022. Often no investigation is carried out by the police.
Our Prime Minister speaks of authority these last few days: dealing with children it’s not that difficult. The real one, the one that counts, is authority over the powerful. Is he capable of acting firmly against attackers?
Is he ready to put in place a comprehensive law against sexual violence, which fills the gaps in our judicial system, which fundamentally reforms the way in which cases of sexual violence are handled, and strengthens the means dedicated to prevention and awareness?
What is blocking us today?
Persistent prejudices minimize the seriousness of violence against women. Continue to break the silence surrounding this violence as made Judith Godrèche, Karine Lacombe of Metoo Santé, MeToo Cuisine, Metoo army in recent weeks is essential.
But what we lack above all is the political will for our rule of law to fully function. We promised women that we would listen to them. Justice must be able to take place.
