Innumerous accusations involving sexual misconduct have socially and professionally exiled the former film producer Harvey Weinstein. The sweeping number of survivors who have come forward to share their allegations against Weinstein has influenced the way society sees the power dynamics of Hollywood and added lots of fuel to the #MeToo movement. Currently, Weinstein is on trial for two sexual assault cases against alleged victims Jessica Mann and Mimi Haleyi.
Ironically, the attorney that is representing Weinstein dubs herself to be “the ultimate feminist.” Donna Rotunno’s career is rife with representing men in cases similar to Weinstein’s, and she has only lost one in the past. However, this is her most high-profile case, and she wants to leave a lasting impression.
Aside from her quest to prove to the jury that Weinstein is not guilty, she also hopes to shift the public opinion on the #MeToo movement, which she perceives as “dangerous.” Rotunno believes that her client, along with other men in his position, have been unfairly presumed as guilty with unauthorized scrutiny due to the exposure of the #MeToo movement.
Rotunno is aware of the controversy that she evokes, being a woman defending a man who has been accused of such heinous acts. She also enjoys it. Her tactics in the courtroom have been seen as aggressive, but she claims she wants to make a point about how the #MeToo movement is “overzealous.” In her mission, however, she has developed a harmful rhetoric that is perpetuating archaic myths about what sexual assault is or isn’t.
Her argument in Weinstein’s trial is that the sexual encounters were consensual. She believes that the two women simply regret that they engaged sexually with Weinstein after-the-fact, and now want to pursue him on assault charges.
“I think it’s easy to look back and say, ‘Oh, you know, maybe I didn’t love that experience.’ Well, OK. Regret sex is not rape… Having voluntary sex with someone, even if it is a begrudging act, is not a crime after the fact,” said Rotunno.
Her support for this argument is the fact that Mann and Haleyi kept communication open with Weinstein after the alleged assaults. Not only is this an erroneous approach to what constitutes consent, it completely disregards the power dynamics that a rapist has over a victim.
During the trial, Dr. Barbara Ziv took the stand and spoke out about stereotypes and misguided notions of how a victim should act toward their abuser after a traumatic event.
“Ziv said that most sexual assault survivors remain in touch with their abuser. Victims can end up blaming themselves and are often threatened with retaliation should they speak out…”
Laura Palumbo, the communications director of the National Sexual Violence Resource Center, also has supported the argument that there are many misconceptions as to how a survivor responds to an assault. She went on to describe the “perfect victim” that the general public envisions.
“One who complies with all the misplaced expectations thrust upon survivors of sexual violence – would be expected to report their attack immediately – which is very rare…” she said.
She also explained that people tend to believe that victims don’t return to their normal lives after, but in fact, it’s what keeps them going. It’s a way to cling on to some semblance of familiarity after a life-changing, painful experience.
Aside from the problematic speech Rotunno promotes in the courtroom, she has also recently come under fire for an answer she gave in an interview with The New York Times.
When asked by investigative reporter Megan Twohey whether or not she [Rotunno] had been assaulted, she responded that she had not.
“I have not,” she said. “Because I would never put myself in that position.”
She was asked to elaborate her answer, and she explained that she believed survivors must bear equal responsibility for an attack.
Victim-blaming is rampant in sexual assault cases, and movements such as #MeToo have eagerly worked to dispel any added suffering or shame to survivors. The belief that a victim is in any way responsible for unwanted sexual advances is dangerous and relieves the burden of an assailant receiving punishment for it.
“Not everyone who engages in victim-blaming explicitly accuses someone of failing to prevent what happened to them. In fact, in its more understated forms, people may not always realize they’re doing it. Something as simple as hearing about a crime and thinking you would have been more careful had you been in the victim’s shoes is a mild form of victim-blaming,” said Kayleigh Roberts in an article discussing the psychological effects of traumatic experiences and public response to them.
Rotunno’s explosive rhetoric is dangerous for both the women inside and outside the courtroom.