Jane Doe, Weinstein, Weinstein Weinstein discussed on The Daily

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And Harrison actually suggested Jane Doe what she should do? She says she doesn't what I typically typically tell clients in a situation like this is that they need to make decisions based on what they think their priorities are and what's in their own personal best interest. They you have to put themselves first. And so I- encouraged her to do that. Typically I proceed by having them outlined. What their immediate goals are and prioritize? Those us so we can make a plan to achieve those goals. How much thought she given a tremendous amount of thought? She really grappled apple with us. She had a lot of internal conflict. So Jane DOE is left to wrestle with this really difficult decision of whether or not she should come forward on the one hand it would put her at great personal and maybe professional risk but on the other hand. If women don't come forward there can be no trial let alone a conviction for Harvey Weinstein. What does Jane Doe Ultimately decide to do in the end? Charges were not filed on her behalf off because she felt that she really could not take the risk she decides not to go through with it. Not Participate in the criminal case. Exactly you look. This is part of the explanation for how we got from eighty plus Weinstein Weinstein allegations to who are at the basis of this criminal trial and there are a lot of different reasons for that right. We've talked about them their questions questions of time and place and whether these criminal acts but there's also the question of the willingness of the women I think probably the core issue who the victims grapple with in sex-abuse cases is whether or not to come forward and if I come forward how do I go with this and sex-abuse views perpetrator the sexual violence perpetrator really benefits from what happens emotionally to the victims. As a result of being victimized which is the internal blame and shame and confusion and dissociation and repression that occurs inside of a victim and to all all of that is. It's like a tornado or a hurricane inside of a victim and having the clarity to somehow put that all aside and say here are the specific actions. I need to take in the deadlines by which I need to take them. It just doesn't work that way emotionally for victims The kind of poll. We heard from Lucia Evans that determination to participate despite the obstacles that that same determination by Mimi highly and this anonymous woman to remain as part of the process. I have to say it's pretty uncommon even After everything we've learned about the Weinstein story even after all of these women coming forward what criminal prosecution requires requires is the willingness of these female victims to participate and there are so many reasons not to it really demands so much at them and what. We've been seeing that there just aren't that many who are willing to do it so there may very well be more women like Jane Doe out there who you might have a strong criminal case against Weinstein who clear all these logistical hurdles and are eligible. But they aren't willing to do this. There may be. We don't know the full picture but this certainly helps explain. How with just a few months to go until trial? The prosecution is in a tough spot. But then there's a development not. The prosecution are also aiming to and hoping to bring in other women who have made accusations brought in witnesses to sort of build. The prosecution has been very concerned with this paucity of women's voices in the trial and they've been seeking seeking to address it through this very particular strategy. They want more women to be able to testify alleged Weinstein victims who who can paint a portrait of his pattern of predation in New York. Beezer called molineaux witnesses you may also see them. Referred to as supporting being witnesses prior bad acts witnesses. If you know this concept it maybe from the cosby trial talk about this. The cosby verdict. Now let's remember remember. That was sort of a similar situation. There were dozens and dozens of women who had come forward against cosby and yet the criminal trial rested basically on one woman so in the first cosby trial in two thousand seventeen. Those additional witnesses are not allowed and it ends in a mistrial. A big chance The bill cosby would walk out of this but the second trial the witnesses are allowed the five prior bad acts witnesses. You know really really made a difference. The jury based certainly upon the facts of the case. But I think the the five accusers and the prior bad acts had a lot to do with his conviction and Cosby's convicted so the prosecution the Weinstein trail really really wants to include these kinds of witnesses but for longtime it's not clear whether or not the judge is going to allow them. And then he rules the Manhattan. DA's office has said it's going to call what we say are three prior bad act witnesses that means other women. More women's voices are going to be heard in the course of this trial..

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