Hollywood producer Harvey Weinstein – the man who started the #MeToo movement after several women came forward to accuse him of sexual misconduct – was arrested and charged with rape as well as several other counts of sexual abuse.
The arrest of Harvey Weinstein
On May 25, 2018, Harvey Weinstein was charged with rape in the first degree, rape in the third degree and a criminal sexual act of the first degree for incidents that involved two separate women in 2004 and 2013. He turned himself in to the police, though his attorney, Benjamin Brafman, explains that he intends to plead not guilty.
"These charges, we believe that they are constitutionally flawed. We believe that at the end of the process Mr Weinstein will be exonerated," said Brafman.
The 2004 complaint states that Weinstein forced a woman to engage in oral sex with him, and used physical violence to get her to do so. The 2013 complaint reports that a woman was held in his room against her will and he engaged in sexual intercourse with her despite clearly expressed lack of consent.
Weinstein was able to post the US$1 million for bail and was therefore allowed to walk free before his trial. He is forbidden from travelling beyond New York and Connecticut until his next court date, has surrendered his passport and must wear an ankle monitor at all times.
Sexual harassment in the workplace
Harvey Weinstein's actions are not unique to his Hollywood office, unfortunately – sexual harassment is common for men and women in Australia. According to Australian Human Rights Commission, sexual harassment affects one in five women in the workplace and one in 20 men. This makes it one of the most common types of complaints received by the Commission under the Sex Discrimination Act.
The Sex Discrimination Act makes it against the law to sexually harass another person at work. Sexual harassment can be committed by an employer, workmate or anyone involving a working relationship with the victim. And, it can be carried out physically in person, via mobile phones, or over email and social networking sites. It can undermine the equal participation in a business which could have negative impacts on the individual and the organisation.
To learn more about fighting sexual harassment, please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.