The first trial of disgraced former media mogul Harvey Weinstein is now well underway. The number of accusers is certainly impressive, and as people often believe there can be no smoke without fire, that quantity of smoke appears daunting for the defence. That though is an extremely superficial argument which amounts to claiming every allegation must contain at least a grain of truth. Coupled with that is the mantra “believe all women”, so if a woman tells you she is really a thousand years old, a werewolf, or was born on the planet Jupiter, the grain of truth is what?
When there is this much smoke, the first sensible question one should ask is “Who is creating all this smoke?” The answer is often surprising.
Although there were a number of payouts made by his company to women dating back several years relating to allegations of sexual harassment, sexual harassment is a far cry from rape, indeed oftentimes it is subjective, or as someone once said, sexual harassment is a come-on from a man a woman does not find attractive.
Weinstein was not formally accused of rape until October 2017 when the Los Angeles Times reported that an unnamed Italian model and actress claimed to have raped by him in 2013. All the allegations of rape against him are similarly post-dated, and this presents a problem for the prosecution, so the prosecutors have decided to bolster their case with so-called expert evidence in the form of Barbara Ziv.
Barbara Ziv is not an expert witness, rather she is a professional propagandist for the sexual grievance industry. She was used in the Bill Cosby retrial to “educate” the jurors in her own words, about “rape myths”. Before discussing Weinstein any further, let us look at the Cosby case. There is ample documentation on this; Cosby was accused by Andrea Constand in 2005 of digitally penetrating her the previous year. When the district attorney declined to prosecute, she brought a civil action, details of which were leaked to the media, and this resulted in a number of other accusers crawling out of the woodwork to accuse him. This prompted Cosby to settle, but a decade later the scandal was reignited after the comedian Hannibal Buress joked about Cosby raping women.
There then followed a veritable explosion, women literally crawled out of the woodwork, out of the gutter, and in a few cases out of the sewer, to accuse Cosby of everything from groping to serial aggravated rape. As with Weinstein and a number of similar cases in other jurisdictions, there was no contemporaneous evidence, no documentary or physical evidence, only words. Some of his accusers who were so foolish as to be too specific were exposed as liars, for example the late Louisa Moritz claimed to have been orally raped by Cosby in the green room of a studio when he was clearly not present.
Most of the Cosby accusers were presented to the world by Gloria Allred in media briefings at which the assembled reporters showed a total lack of critical faculty. If you think this is an exaggeration, check out the briefing with Linda Ridgeway Whitedeer, whose testimony beggars belief.
That being said, by the time of his first trial, Cosby had already been convicted in the court of public opinion by sheer weight of numbers. An amusing aside to this case was the competing narratives. Cosby is black, and most of his accusers were white. This left the talking heads in a dilemma: did they side with the women and face accusations of racism, or with Cosby and be accused of sexism, misogyny, even rape-enabling?
Eventually the feminist narrative prevailed, so from then on, any accusation by any woman trumps the denials of any man of any race be he ever so high or ever so humble. Cosby was defended by Tom Mesereau, who had successfully defended the late Michael Jackson against what with the wisdom of hindsight were clearly false allegations.
At the first trial, attempts to introduce thirteen other accusers were denied by the judge, only one was allowed, and one so-called expert witness: Veronique Valliere. Her purpose was to explain or rather to explain away Constand’s delayed reporting of her alleged digital rape by Cosby. In spite of the deck being stacked against him, Mesereau managed to secure a hung jury.
The retrial saw a new so-called expert witness, Ziv, and a number of other accusers. The prosecution asked for nineteen; the judge permitted five. Mesereau made the fatal mistake of failing to put Cosby on the stand; he could also have done more to counter Ziv’s flim-flam. The result was Cosby’s conviction. She trotted out the same rubbish in the Weinstein trial, which is?
What does a woman do when she is raped or is the victim of an attempted rape? A reasonably intelligent, educated woman will fight back. If she is unable to fight back, she will generally report the rape or rape attempt fairly promptly. Because of this, most genuine rapists are brought to book, and indeed many actually plead guilty. A couple of examples will suffice.
Samantha Geimer was only thirteen years old when she was sexually violated by Roman Polanski. She reported him immediately, and he was convicted. In 2017, Juliana Ossa was just ten years old when she was attacked by a far more dangerous predator than Harvey Weinstein could ever be. She was swimming in a shallow Florida lake when an alligator snapped its jaws around her leg. Showing incredible presence of mind, she pulled off a trick she had been taught on a visit to Gatorland. She shoved two fingers into its nostrils, and the reptile opened its mouth to breath. Juliana escaped with stitches in her leg. Did she freeze? Maybe for an instant, but so-called experts would have the world believe many, many women freeze when attacked by men like Harvey Weinstein.
Regarding denial, the opposite of this is affirmation, which can involve women rewriting their sordid sexual experiences as rape. This is also known as relabelling.
These three cop outs – trauma, freezing, and denial – can be used to affirm any allegation of rape by any woman regardless of the evidence or lack thereof, and however absurd. If a fifteen stone weightlifter claims to have been overpowered by a six stone anorexic, cystic fibrosis sufferer, why wouldn’t she have frozen?
If she takes a month, a year, a decade, to report her rape, that is very typical. Indeed, many victims never report being raped. By the same token, so do many women who have not been raped, hence this so-called expert evidence is totally worthless and should not be permitted in any courtroom. It fails both the Frye test and the Daubert test.
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The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of The Duran.