So, Harvey Weinstein is a sexual harasser

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Re: So, Harvey Weinstein is a sexual harasser

Post by gnome » Mon Aug 06, 2018 3:34 am

ed wrote:
Sun Aug 05, 2018 2:32 pm
Missed this .. sorry.

"it should be" implies a higher order of "rightness". Is there one? It seems to me that ages ago we all sorta agreed that relations between consenting adults were no ones business. Now we are saying that "consent" is fluid.

In any agreement there are always non-objective factors at work. I have read, for example, that successful business people tend to be taller than average. Does that give them an edge in negotiations? Implicit in a negotiation is agreement or consent. How do you factor that in? Or is it that "consent" is only (for the moment at least) open to examination in sexual relations? I can see RCC weighing in, saying that there is always some level of interpretation when it comes to consent for anything. For example, if I say that either your brains or or signature will be on a document, can one say that you have really "consented"? Well, yes, but under duress.

Is the potential of withholding career advancement "duress"? And if it is a private enterprise, who has the right to gainsay the way negotiations are conducted? Ultimately it is a quid pro quo and one is not physically forced to submit or participate or even be in the same room. "But", you may say, "the person's career". So? Is one entitled to that career so that withholding it is a form of theft?

There is shitty behavior and there is illegal behavior and they are not always coincident. People knew about Weinstein. Brad Pitt evidently threatened him (with what one wonders) yet no one said a word, even Her Turn. That tells me that the deal was worth it for those involved. You may not like it but tough shit.

If I were Brad, I would have publicly beat the shit out of the guy. But I'm not Brad.
I think the disconnect is that it may be unclear whether we are talking about morals or legality. It sounds like morally speaking we're on the same page. Legally speaking from a criminal context, Weinstein is accused of using actual force, not merely abusing power. As far as "who has the right to gainsay the way negotiations are conducted"--the answer would include the ownership of the organization, yes? Which is why he got fired.
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Re: So, Harvey Weinstein is a sexual harasser

Post by Skeeve » Thu Aug 30, 2018 2:58 pm

Harvey Weinstein Wants Appeals Court to Define a "Commercial Sex Act"
A ruling two weeks ago by a New York judge could be consequential.
In the year since allegations surfaced against Harvey Weinstein, the movie mogul has denied perpetrating nonconsensual sexual acts. At worst, he cops to using his position of power to score sexual favors. As his attorney Benjamin Brafman famously put it, "Mr. Weinstein did not invent the casting couch in Hollywood."

In the year since allegations surfaced against Harvey Weinstein, the movie mogul has denied perpetrating nonconsensual sexual acts. At worst, he cops to using his position of power to score sexual favors. As his attorney Benjamin Brafman famously put it, "Mr. Weinstein did not invent the casting couch in Hollywood."
...
On Aug. 14, however, a federal judge may have punctured any notion of the legality of the so-called "casting couch" in a first-of-its-kind decision. U.S. District Court Judge Robert Sweet ruled that Weinstein must face a federal claim of sex trafficking in a lawsuit brought by Kadian Noble, who accuses Weinstein of unwanted sexual conduct after promising the aspiring actress work.

Weinstein is now asking Sweet to certify an immediate appeal to take up the issue of what qualifies as a "commercial sex act" under the Justice for Victims of Trafficking Act of 2015. Weinstein hopes he'll be given permission for such an appeal so as to limit the potential fallout from Sweet's opinion.
...
The judge added, "The contention... that Noble was given nothing of value — that the expectation of a film role, of a modeling meeting, of 'his people' being 'in touch with her' had no value — does not reflect modern reality.
...
Weinstein insists the judge has it wrong.

"[T]here must be an economic component to a violation of the Trafficking Statute," write his lawyers. "To hold otherwise is to interpret the Trafficking Statute out of existence because it would be unconstitutional.
:Popcorn:
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Re: So, Harvey Weinstein is a sexual harasser

Post by Skeeve » Wed Oct 17, 2018 4:22 pm

update:Unsealed letter reveals how Weinstein sex assault charge unraveled
In a stunning letter unsealed Thursday, Manhattan prosecutors disclosed serious credibility issues with one of Harvey Weinstein’s accusers — and possible police misconduct.

The Sept. 12 letter from Assistant District Attorney Joan Illuzzi-Orbon to defense lawyer Ben Brafman was filed under a protective order, which Justice James Burke lifted Thursday.”
Long story shorter, it did not help their case much, so they tried to hide it....oh well.
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