Harvey Weinstein has been accused by more than a hundred women of various forms of sexual harassment and assault, with many of their stories reported in The New Yorker, and detailed in my subsequent book and podcast, “Catch and Kill.” Thursday’s news was greeted with anguish by activists and by Weinstein’s alleged victims.
Under the majority’s logic, instances in which a trafficker repeatedly leverages workers’ undocumented status to coerce them into sex, or a restaurant manager withholds tips from his employees unless they perform sexual acts becomes a series of individual ‘credibility contests’ and unrelated ‘misunderstandings.’ After today’s holding, juries will remain in the dark about, and defendants will be insulated from, past criminal acts, even after putting intent at issue by claiming consent.
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