Santa Fe New Mexican

Weinstein’s prosecutio­n may become the legal exception, not the rule

- By Andrew Dalton

LOS ANGELES — Harvey Weinstein’s arrest in New York Friday is a landmark moment in the #MeToo movement.

Yet as authoritie­s work through dozens of cases against famous figures in entertainm­ent and other industries brought on by the Weinstein-inspired wave that began in October, legal hurdles may make such prosecutio­ns the exception. While men including Kevin Spacey and Mario Batali remain under investigat­ion, the next round of charges could well be against Weinstein again, who also is facing scrutiny from authoritie­s in Los Angeles and London.

One expert said prosecutor­s in those jurisdicti­ons are unlikely to stand down or shift priorities knowing that Weinstein is now charged with rape and another felony sexual assault in New York, where he pleaded not guilty Friday.

“You never know what’s going to happen with the case there,” said Stacey Honowitz, a longtime prosecutor of sex crimes in Broward County, Fla. “We don’t go easy. Nobody’s going to drop the ball and let New York do it.”

She said it is more likely that authoritie­s in other cities will be energized, and able to build off the charges.

“There’s always strength in numbers,” Honowitz said.

Stanley Goldman, a professor at Loyola Law School in Los Angeles, said last month’s conviction of Bill Cosby’s for sexual assault dating to 2004 has likely been propelling prosecutor­s forward in other places.

“I think perhaps the Bill Cosby conviction really gave them hope that the atmosphere may have changed, in the older cases where this has been hard to prove, that maybe they’ve got more of a chance now,” Goldman said Friday.

Yet finding prosecutab­le #MeToo cases has proven difficult.

Los Angeles police said in December that they were investigat­ing 27 entertainm­ent figures, but none have yet resulted in arrests. And L.A. County prosecutor­s launched a task force in November to evaluate cases, but so far it has brought no charges.

The biggest obstacles by far are statutes of limitation­s, which have had special prominence amid the #MeToo and Time’s Up movements because so many of the incidents involve women working up the courage to come forward after years of silence.

Hundreds of women have alleged varying degrees of sexual misconduct from Oscar-nominated writer and director James Toback, yet prosecutor­s declined in April to bring criminal charges against him in the five cases they reviewed, citing expired statutes of limitation­s in every case.

California, joining other states, recently eliminated its statute of limitation­s for rape, making the law a closer match for the #MeToo era, but most cases from before the changes are unaffected.

Goldman said in the past the principle has been that it’s disruptive and unbalancin­g to society to go back and prosecute older crimes.

That has been the case so far with several high-profile cases presented to prosecutor­s, all of which emerged after Weinstein’s downfall.

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Harvey Weinstein

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