The Oneida Daily Dispatch (Oneida, NY)

#MeToo movement exiles rather than jails

- By Andrew Dalton

LOS ANGELES (AP) >> The #MeToo movement has sent dozens of once-powerful Hollywood players into exile, but few of them have been placed in handcuffs or jail cells. And it’s increasing­ly apparent that the lack of criminal charges may remain the norm.

Harvey Weinstein has been charged with sexual assault in New York, and Bill Cosby was sent to prison in Pennsylvan­ia in the year since stories on Weinstein in The New York Times and The New Yorker set off waves of revelation­s of sexual misconduct in Hollywood. But those two central figures are exceptions.

A task force launched last November by Los Angeles County District Attorney Jackie Lacey to handle the surge in allegation­s against entertainm­ent figures has taken up criminal cases involving nearly two dozen entertainm­ent-industry figures. None has been charged.

The lack of prosecutio­ns stems froma clash between the #MeToo ethos, which encourages victims to come forward years or even decades after abuse and harassment that they’ve kept private, and a legal system that demands fast reporting of crimes and hard evidence.

The task force has considered charges against 22 suspects, including Weinstein, Kevin Spacey, director James Toback and former CBS CEO Leslie Moonves, all of whom have denied engaging in any sex that was not consensual.

Charges have already been rejected for most. Cases involving six suspects, including Weinstein and Spacey, both of whom have multiple accusers, remain open.

In 14 of the closed cases, charges were declined because the allegation­s were reported too late and thus outside the statute of limitation­s. The rest were turned down either for insufficie­nt evidence or because the accuser refused to cooperate with investigat­ors after initially reporting the incidents.

While disappoint­ed in the lack of results, several accusers said theywere still glad they talked to police and prosecutor­s, for a variety of reasons both practical and emotional.

“For me it was not necessaril­y closure, but one of the healthiest things I’ve ever done for myself,” said Melissa Schuman, whose case dating to 2003 against Nick Carter of the Backstreet Boys was rejected over the statute of limitation­s. “It felt therapeuti­c to tell the authoritie­s, to be able to take it out of my body and out of my mind and report it.”

Fatima Goss Graves, president of the National Women’s Law Center, which oversees the Time’s Up legal defense fund, said for some “the act of reporting, putting it on the record is critical, even if they’re beyond the limitation­s.”

When law enforcemen­t agencies welcome women to report their experience­s, it can eventually result in more prosecutio­ns, she said.

“In too many cases law enforcemen­t has sent a signal that they won’t treat these issues,” Goss Graves said. “If you’ve created a climate and space that is friendly to people coming forward, more people will come forward.”

Schuman said she found just such a climate. She was well treated by task force investigat­ors and the police in what could have been a much tougher process.

“I really felt supported, and listened to, and caredfor and believed,” Schuman said.

Carter has denied the allegation­s from the start. He said through his lawyer when charges were de- clined that he felt confident there would be no basis for charges and was happy to put the matter behind him. A representa­tive did not respond to a request Friday for further comment.

There can be more tangible benefits to reporting. In California, simply filing a police report entitles victims to benefits that can include free psychother­apy. The reports also create additional claims that can help in newer investigat­ions or be brought into court to show a pattern of conduct, as they were for Cosby’s trial.

“It just gives me peace to have it documented and filed,” Schuman said, “and if my abuser does it again, the authoritie­s told me they could use me to help corroborat­e.”

The sexual assault case that sent Cosby to prison was from 2004 and long pre- dated the #MeToo movement. It was filed just as the statute of limitation­s was expiring.

California requires that charges be brought within a year for many sexual crimes and within 10 years for many of the most serious crimes, including rape and felony sexual assault.

The task force has been looking at allegation­s of incidents that are sometimes decades old. One rejected case against Spacey dates to 1992. The allegation­s against Moonves date to the late 1980s. One case for Toback dates to 1978.

In documents released by the task force explaining why charges were not brought, some officials simply declare the effort pointless and say little else. In other cases, prosecutor­s provide long and sometimes detailed descriptio­ns of acts and the laws they may have violated, only to reluctantl­y conclude that too much time has passed.

Page after page of the documents end with the same phrase, “prosecutio­n is declined.”

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