The Weinstein Verdict Shows Why Rape Convictions Are So Rare

Feb 24, 2020 The Atlantic
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Sexual Violence

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After a woman is assaulted, she faces a series of ever taller hurdles before she might see her assailant arrested and prosecuted, much less punished. Sometimes the decision about whether to press charges is made for her: The statute of limitations has passed, or the misconduct did not rise to the level of a crime. Many of Weinstein’s accusers, such as the Sopranos actor Annabella Sciorra, were barred from going forward for reasons like these.

But before those statutory hurdles become relevant, the first, emotionally fraught question presents itself: Should a woman call 911 and tell her story?

This one decision could upend her life, starting her on a path that might expose her worst or most terrifying moments to the world, and force her to relive them day after day. “It’s a very daunting and a very personal decision,” says Jane Anderson, a former sex-crimes prosecutor who now works for AEquitas, a group that advises prosecutors on sexual-assault cases. And by law, the odds are against her: “The system isn’t designed to support victims. The system is designed to provide defendants with their constitutional rights.”