Harvey Weinstein Will Be Charged With Rape By NYPD
It looks like Harvey Weinstein will be charged with rape after all. Following the court and jury’s conviction of Bill Cosby on three counts of sexual assault, a lot of people have asked why Weinstein appears to be walking free. Some assumed it was due to racism.
However, the New York Police Department has two charges lined up for Harvey Weinstein. The one being forced oral sex, and the other, rape. The accusations are just two out of almost one hundred. Other news outlets have claimed the number is similar to that of Bill.
The Statute of Limitations
Unfortunately, a good portion of them are no longer within the statute of limitations of New York so they can’t prosecute. Or, there isn’t enough evidence to hit him with a charge.
A lot of people have no understanding of the statue of limitations, which, essentially exist as a way to encourage plaintiffs to bring their case forward as soon as possible.
Memory And Evidence Fades
As time goes on, memory, as well as evidence, slowly fades away and it’s harder for the prosecution to convict someone with a crime.
Statutes of limitations exist because if they didn’t, the courts would forever be bogged down by charges of crimes that happened 40-50 years ago. And with barely any evidence, as well as a small chance of a conviction, and thus, a ton of wasted time.
There are many reasons for them. If someone accuses another person of a crime 15 years later, that person may not have access to the evidence anymore which allows them to defend themselves.
Many People Do Actually Change
If you accuse someone of stealing your belongings from you 10 years later, there’s a good chance that the defendant, “the accused,” is a totally different person, with a wife/husband, children, and a good job. You risk doing more harm than good by charging someone with a crime twenty years later when they’re a functioning member of society.
The Presumption Of Innocence Is The Backbone Of Our Legal System
It’s mostly about fairness, as well as the assumption of innocence – the backbone of the British/Canadian/American legal system. You can’t charge someone with a crime in a way where that person has no means of defending themselves.
The justice system assumes defendants are innocent, as, that is the core of what makes the modern legal system so much better than the ones of the past.
The statue of limitations is just a way of making sure that defendants can present evidence in their favor so that we can’t convict people as a result of a witch-hunt or mob mentality.
It’s good for society for there to be a limit on bringing crimes to court because people can put things in the past, and move on with their life, rather than sitting around and worrying about everything they’ve ever done in their life.
If there wasn’t a statue of limitations, we would live in a culture of fear, every single day.
However, we’ll probably see a rise in convictions following the accusations against men in Hollywood and other sectors, and for good reason.
Nevertheless, in Weinstein’s case, specifically, we’ll probably see a conviction, because there will be riots in the streets if we don’t.
The New York Times reports that they’ll charge him with first-degree and third-degree rape in the one case, and then a first-degree criminal sex act in another.
Weinstein showed up on Friday morning to the precinct so they can arrest him. They’ll then take him to the Manhattan Criminal Court where they’ll read the charges to the ex-producer (arraignment).
He has to pay $1 million in cash as part of a bail package and has to wear a tracking device so he can’t leave the country. Harvey Weinstein also has to give up his passport.
The Case Isn’t Over
Since the accusations first came out, the Manhattan District Attorney, Cyrus R. Vance Junior, has done dozens of interviews in New York and in other cities and has issued hundreds of subpoenas. And their investigation still isn’t over.
Additionally, Weinstein had a history of paying women off to remain silent and because of that, the prosecutor is looking to charge him with some type of financial crime.
If Weinstein used employees to identify women for his “conquests” than even more charges are possible. In many instances, women chose not to testify purely because of the amount of time it would take out of their life.
Although many of the accusations fall outside the statute of limitations, the prosecutors can still bring in women for the sake of “establishing a pattern of previous bad acts,” similar to the way they did with Bill Cosby. Either way, it’s a good day for people who have waited for this. The legal system has to take the people who are guilty of sex crimes to task eventually
- Asia Argento: huffingtonpost.com
- Harvey Weinstein: Cinemagotrailers.co.uk