Why so few rapists are convicted

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Why so few rapists are convicted
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  • 📰 TheEconomist
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The accusations against Harvey Weinstein were familiar to so many women. In other ways his case is wildly unrepresentative

a rape trial will begin and the world will hear all about it. Harvey Weinstein, a Hollywood mogul, will face five charges of sex crimes. Dozens of women have accused him of using his position to prey on them. In 2017 their testimony helped set off the #MeToo movement. If found guilty, Mr Weinstein, who denies all allegations of non-consensual sex, could spend decades in prison.

Joe is a 40-year-old banker. He says that on the night in question, they kissed and then had consensual sex. The next morning she left before he woke. But he says they have stayed on friendly terms. He says it was a classic one-night stand: “she was totally into it.” She is now “clearly lying”. Victims may not report their ordeal for a number of reasons, such as embarrassment or thinking it will not help. They may remain in contact with their assailant for work reasons. They may flirt with him or have sex with him again as a way to regain, or establish, a sense of control over their relationship.

People who know Jane, or think they know her, are likely to find her story more credible. “The Weinstein case is greatly helped by those accusing him being well-known actresses [whom] the public trusts,” says Elaine Herskowitz, an investigator and consultant. And by the fact that Mr Weinstein doesn’t look like George Clooney, adds Bennett Capers, a professor at Brooklyn Law School. If Joe is good-looking both men and women are more likely to believe him than if he is not.

The police decide to question Joe. He accuses Jane of lying. He says she is jealous because he has started a new relationship. She is now “crying rape” for attention, he suggests.

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