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ABC News
ABC News
National
Lucia Stein, Lucy Sweeney, Rebecca Armitage and Brittney Kleyn

#MeToo will outlast Harvey Weinstein. But his second conviction at a rape trial comes at a pivotal time for the movement

When Jennifer Siebel Newsom took the stand in disgraced Hollywood producer Harvey Weinstein's second trial, she was asked if she could see the man who she alleged raped her.

"He's wearing a suit and a blue tie, and he's staring at me," she said in the small downtown Los Angeles courtroom, through tears.

Ms Siebel Newsom, a documentary filmmaker and the wife of California's governor, was the most high-profile witness to appear during Weinstein's seven-week trial.

WARNING: This story includes detailed accounts of sexual assault and rape, which some readers may find distressing.

In an emotional testimony, she revealed how she met Weinstein at the Toronto International Film Festival in September 2005, when she was making her name as an actor and producer.

"It felt like the Red Sea was parting. I don't know if it was deference or fear," she said, describing the moment he first approached her.

"Then Harvey Weinstein introduced himself to me. He came directly to me and people sort of backed off. He wanted to know who I was, what my name was, why I was there."

After weeks of testimony and nine days of deliberation, Weinstein was found guilty of rape, forced oral copulation and another sexual misconduct count involving a woman known as Jane Doe 1.

On several other counts, including charges involving Ms Siebel Newsom and another woman, the jury was unable to reach a verdict and a mistrial was declared. 

He was acquitted of a sexual battery allegation made by a fourth woman.

Weinstein, once a giant of Hollywood and among the most powerful men in the business, now faces an additional 18 years' jail time on top of his 23-year sentence for previous convictions.

If his appeals are unsuccessful, he could spend the rest of his life in prison.

The jury found Harvey Weinstein guilty of three of the seven counts of rape and sexual assault he faced.

The former movie mogul remains one of the few high-profile men to face legal repercussions after sexual misconduct allegations.

Prosecutions have not been clear cut, nor has every person accused been completely cancelled and discredited as a result of alleged abuse and intimidation.

The Washington Post put it frankly in a where-are-they-now examination of the prominent men exposed at the height of the #MeToo movement.

"A few went to prison. Some have disappeared. But many are rebuilding their careers. And some were barely affected."

While there may be a temptation to look at high-profile cases like Weinstein's as a barometer for #MeToo, many argue the movement is about much more than any one person.

But the recent trial does offer some insights into the experiences of victims in the justice system, observers say, and comes at a pivotal time for the movement.

The women who shared their stories

Prosecutors called 44 witnesses during the Los Angeles trial, but the jury's decision depended largely on the testimony of the four women who Weinstein was charged with raping or sexually assaulting at various Beverly Hills hotels between 2004 and 2013.

Ms Siebel Newsom — Jane Doe 4 — told the court her account of a 2005 meeting with Weinstein, then an all-powerful Hollywood producer who she believed could make or break her career.

She said she went to his hotel room to discuss a potential role. Once it became clear Weinstein expected sex from her, she spent several hours trying to talk her way out of the situation.

Eventually, she said, he began to rape her. 

"Horror! Horror!" she said through sobs.

"I'm trembling. I'm like a rock, I'm frigid. This is my worst nightmare. I'm just this blow-up doll."

Weinstein pleaded not guilty and denies all allegations of non-consensual sex. He did not take the stand.

Three other women testified as Jane Doe, and Deputy District Attorney Marlene Martinez emphasised the similarity of the testimony of the four women.

In one account, a model and actor known as Jane Doe 1 said Weinstein appeared uninvited at her hotel room door during a 2013 film festival and raped her.

It was also alleged that a day after the assault on Jane Doe 1, Weinstein propositioned another woman, Lauren Young, who was identified during the trial as Jane Doe 2 and who also testified at his New York trial.

She recalled how at a meeting with Weinstein about a script, he trapped her in his hotel bathroom, stripped off all of his clothes, groped her and masturbated in front of her while she stood paralysed by fear.

"It was traumatic and it's a memory that I have that I wish never happened," she told the Los Angeles courtroom. 

"There are parts I will never be able to forget."

According to Ms Martinez, Weinstein was the "predator" and "hotels were his trap".

"Confined within those walls, victims were not able to run from his hulking mass. People were not able to hear their screams, they were not able to see them cower," she said.

The trial also included testimony from several witnesses who gave "evidence of prior bad acts" — women who described similar encounters with Weinstein that fit the alleged pattern of predatory sexual behaviour and abuse of power, but whose experiences were not related to the charges on the docket.

Throughout the court case, Weinstein's lawyers worked to discredit these claims, leaning on familiar tactics to paint each Jane Doe as a liar, an opportunist, or, in Ms Siebel Newsom's case, a "bimbo" masquerading as a victim.

The tactics used to tear down accusers

Since the #MeToo movement cracked Hollywood's dirtiest secret wide open, allegations of sexual assault and harassment have rained down on powerful men in industries around the world.  

And from 2005 to 2013, there was no man more powerful in Los Angeles than Harvey Weinstein.

Last year, he returned to Hollywood, no longer its king, but its prisoner.  

After a New York court sentenced Weinstein to 23 years in prison, California moved quickly to extradite him so he could face 11 counts of sexual assault involving five women. 

Prosecutors dropped four charges relating to the fifth woman at the beginning of the trial. 

Throughout the LA trial, Weinstein's lawyers sought to dismiss the accusations against him as a mixture of lies and recontextualised sexual experiences.

"Harvey Weinstein has always maintained that every one of his physical encounters throughout his entire life have been consensual. That hasn't changed," his spokesman Juda Engelmayer had said.

In the case of Ms Siebel Newsom and a woman known only as Jane Doe 3, Weinstein claims their encounters were consensual, if transactional.

"Regret is far from rape. You don't get to rewrite your own history, no matter who you're married to," defence lawyer Alan Jackson said of Ms Siebel Newsom. 

The #MeToo movement, Weinstein's lawyers argued, gave both Ms Siebel Newsom and Jane Doe 3 a chance to recast an experience they had come to regret.

"An asteroid called the MeToo movement hit Earth with such ferocity that everything changed overnight," Mark Werksman, one of Weinstein's lawyers, said at the start of the trial.

"And Mr Weinstein became the epicentre of the MeToo movement."

Ms Siebel Newsom, a successful documentarian and a high-profile Democrat with seemingly little to gain by going public, was described by Weinstein's lawyer as "a bimbo". 

"Let's not beat around the bush here," Mr Werksman said in his opening statement. 

"She's made herself a prominent victim in the MeToo movement."

It was an example of how certain stereotypes were used in a courtroom in a way that "would never fly anywhere in the rest of the world", according to Camilla Nelson, associate professor in media at the University of Notre Dame.

"The way the legal profession conducts itself is to deploy toxic gender stereotypes, particularly in cases of gender-based violence … in order to undermine and shred the credibility of witnesses and complainants," Dr Nelson said.

Lindsey Horvath, a local official recently elected as supervisor for the Los Angeles County's third district, noted Weinstein's lawyers had "mischaracterised and demeaned" Ms Siebel Newsom with "sexist, misogynistic tactics, ultimately resulting in a mistrial of her case".

"Weinstein's lawyers used sexism, misogyny, and bullying tactics to intimidate, demean, and ridicule us survivors," Ms Siebel Newsom said after the verdict.

"This trial was a stark reminder that we as a society have work to do."

In their defence against the counts brought by Jane Doe 1 and Ms Young, Weinstein's lawyers argued the women had fabricated their accounts entirely.

While cross-examining Ms Young, defence lawyer Mr Jackson questioned her recollection of the time frame in which she alleged the Hollywood producer took off all of his clothes before assaulting her. 

In an effort to demonstrate how long it might have taken Weinstein to undress, Mr Jackson took off his own suit jacket.

Mr Jackson: "I'm just going to take my jacket off. I'm not going to go any further. Don't be scared." 

Ms Young: "Please don't." 

Jane Doe 1, the only witness whose allegations resulted in a guilty verdict at this trial, said in a statement after the verdict that Weinstein "forever destroyed a part of me that night in 2013, and I will never get that back".

"The criminal trial was brutal and Weinstein's lawyers put me through hell on the witness stand, but I knew I had to see this through to the end, and I did," she said.

A pivotal moment for #MeToo

The jury of eight men and four women deliberated for nine days before reaching a verdict.

The findings were mixed. Weinstein was convicted on three of the seven charges against him and prosecuters are weighing up whether or not to retry the deadlocked counts.

Lawyers representing the women who testified said although not all of their counts could be decided, any guilty verdict against Weinstein would send a significant message to survivors of sexual assault.

"[It's about] that collective voice, that you're not alone, that we're here to listen and support you and to help you rebuild your life to be able to collectively say no to violence, and [it won't be] tolerated in our communities," Rachel Loney-Howes, a lecturer in criminology at the University of Wollongong, said.

"That's where the real power of the #MeToo movement and movements that look like it and came before it lies."

For many survivors, the criminal justice system is an important way to hold their abusers to account, despite the huge toll trials can take.

"There's a whole range of different techniques that defence lawyers can draw upon in order to discredit the victim survivor," Dr Loney-Howes said.

"And that can be a really harrowing and retraumatising [experience for the victim].

"We talk about going to court as being the second rape because of all the processes that the survivor has to go through and relive their experience, relive the violence and the trauma all over again."

In high-profile cases, women are often subjected to greater public shaming, which breeds an environment that discourages victims from reporting or discussing their abuse.

The Weinstein verdict came in the same week another long-running legal battle drew to a close, with actor Amber Heard agreeing to settle her defamation case against ex-husband Johnny Depp.

In a statement posted on her Instagram after the settlement, Heard explained how the treatment she was subjected to throughout the numerous court cases over alleged abuse during their marriage had taken its toll.

"I defended my truth and in doing so my life as I knew it was destroyed," she wrote.

"The vilification I have faced on social media is an amplified version of the ways in which women are re-victimised when they come forward."

These cases, which once might have been carried out in closed courts, or dealt with in private settlement deals that swore victims to secrecy, are now largely playing out in the public eye.

"I think that part of the difference in some of these recent cases is that … they have been heavily scrutinised by the media, for better or for worse," Dr Nelson said.

While the #MeToo movement has helped bring these trials out of the shadows, legal experts argue it is still too early to measure its impact on the criminal justice system.

"[Weinstein's first trial] itself did not address the complicity and wilful ignorance of the movie industry and those who really helped facilitate this abuse,” Cheryl Bader, a professor of law at Fordham University, said. 

"The #MeToo movement generally has spurred a reckoning, and it remains to be seen if there'll be a complete sea change."

What now for Weinstein?

The spectacular downfall of Harvey Weinstein has taken on great symbolic power in the #MeToo movement. 

The legal proceedings have also put on trial a tangle of issues including consent, abuse of power, and treatment of women in the workplace.

His victims pleaded, sobbed and attempted to bargain their way out of being violated. 

But Weinstein has always tried to paint himself as a law-abiding, if perhaps insensitive, sexual partner.

"I'm totally confused," he said in 2020. 

"And I think men are confused about all of these issues."

The jury disagreed with Weinstein's assessment of what happened, at least in the case of Jane Doe 1.

Weinstein is hopeful that he can overturn his 2020 conviction in New York when his appeal begins next year.

But he is facing a long battle ahead, and lengthy stints behind bars.

In the city where he made his fame and fortune, he could be sentenced to 18 years in jail.

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