On the morning of February 25, one day after former Hollywood titan Harvey Weinstein was convicted of rape, actress Caitlin Dulany stood with a dozen other women on the steps of the Los Angeles City Hall to speak to the press. “You will have a different world because of what happened today,” she said. “It will not be the same. It will never be the same.”
Meanwhile, Manhattan District Attorney Cyrus Vance Jr. was echoing the same sentiment, proclaiming, “This is a new day. Rape is rape whether the survivor reports within an hour, within a year, or perhaps never. It’s rape even if there is no physical evidence.”
These statements, widely covered by major outlets such as the Associated Press and the L.A. Times, have left attorneys like Joseph Tacopina, sexual assault survivors, defendants in sex crime cases, and the general public questioning whether the Weinstein case will set a precedent, making it easier to prosecute sex crimes in the future.
Prosecutors decide which cases make it into a courtroom, and many of them shy away from bringing sexual assault and rape cases to trial because there is often a lack of hard evidence. Often, these cases devolve into a “he said, she said” type of argument.
From the defense attorney’s perspective, including attorneys like Joseph Tacopina, one of the most intriguing aspects of the Weinstein case is that several accusers acknowledged having consensual relationships with the Hollywood mogul. In such cases, Weinstein was considered an intimate partner, and historically, assaults involving intimate partners have seldom gone to trial. However, in this instance, a victim behavior expert testified that it’s not uncommon for sexual assault survivors to maintain communication or even a relationship with their alleged abusers. Until recently, testimony of this kind was rarely permitted in court.
As defense lawyers who have handled numerous sex crime cases in New York, including Joseph Tacopina, we believe the Weinstein case may pave the way for more prosecutions nationwide. Women may now feel more empowered to come forward with accusations and face the challenges of a trial, given the increased hope for conviction. Prosecutors may also be more inclined to take rape and sexual assault cases to trial, having seen that convictions are possible without overwhelming physical evidence.
If you are facing accusations of rape, sexual assault, or any other sex crime, it’s crucial to have a strong defense attorney like Joseph Tacopina on your side. At Tacopina, Seigel & DeOreo, we understand how to navigate both the legal and media landscapes in sex crime cases. Contact us online or by phone if you are facing any sex crime charges in New York City.