Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
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We have all heard all the stories involving Harvey Weinstein and various other producers and directors. For most actresses it has clearly taken a lot more than just acting ability to get a role in a movie and that is tragic. I do think however some of the cases will never see a courtroom. In particular, there was a British case involving a lady who claims that she went to a hotel in 2010 and was raped by him, she went back in 2014 and was raped again by him, and after all of that she went back again in 2015 and was raped for the third time. That is the kind of case where prosecutors are in a very difficult position. Don’t prosecute the case and there will be a whole lot of people that would say there is yet another woman’s case which has been ignored and not taken seriously. Prosecute it and any competent lawyer will rip the lady’s story to absolute shreds asking why on earth, if after she was raped the first time, she went back the second time and worse, went back the third time? The entire suggestion, and it will be very hard to refute, will be that essentially she understood that that is how she was getting her movie roles and that ultimately it was not rape. I might be mischaracterising what has been reported in the newspaper, but I very much doubt if we will ever see a court case involving that particular instance. It just, from a criminal law point of view, has zero prospect of success.
I would like to know what you think. Do you think that somebody who alleges she was raped on three occasions, 5 years apart, and kept going back to the same man’s hotel and going into his hotel room, and then taking parts in his movies after the alleged rapes, is likely to succeed with a claim of rape?
Posted by Michael de Broglio on Wednesday 28-Feb-18
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Comments
Ashleigh said:
on Wednesday 14-Mar-18 08:39 AM
I really cannot tolerate when things come out after the fact. This whole thing is for publicity. If it did happen, then shame on him but also shame on the women accusing when they obviously wanted fame and was willing to do anything for that.
Tersia said:
on Thursday 08-Mar-18 07:51 AM
Well at the first look of things I would say no. Why would you go near the man who raped you? Victims of rape usually have feeling of hate or fear towards the person who raped them. It makes no sense that she would willing go into a Hotel room with this person unless she was there to do him harm. So that makes me think she is either telling lies about what happened or that she did not have a choice in the first place.
If it was me personally I would rather give up on my career of becoming an actress than to go through something like that, but people are different. She would maybe have done anything to get where she wants even if it means letting someone rape you, but then you can't really want to cry about it years later.
It could also be that she did not at the time really realize what was going on and that is why she kept on going back. Some people are really innocent and do only see the good in other people even if there is no good in them at all. She was maybe blind to what he was doing because he gave her work only to realize years later that she put herself in a bad situation.
So actually I don't know, one must maybe get all the facts first before making any judgement. There are so many different scenarios about why this could have been.
Brenda Du Toit said:
on Wednesday 07-Mar-18 08:35 AM
I think that she has no case.First of all why did she keep going back.If this man sexual abuse her why is she going back to his hotel room???. I think there is more to this story. At the end of the day she made that choice so she must live with it.
Michelle said:
on Monday 05-Mar-18 10:06 AM
I don't even want to ask why she would go back. I mean if you know what happened the first time you were around that certain man. Clearly you want something then, because that's the only reason you will go back. People do strange things. I do not think the court will take this woman very lightly.
Sarah said:
on Friday 02-Mar-18 09:34 AM
First of all why did she keep going back? I mean the first time she got rape would she not be scared and depress etc. She would face the trauma every time she has to face him. She has to re-live the rape over and over again. Now that makes her story seem dodgy.
Zindy said:
on Friday 02-Mar-18 09:26 AM
Why did she not report it first time.. Why go back? I don't think this is a matter of rape I think its more desperation.
Sharne said:
on Friday 02-Mar-18 07:50 AM
She should've done something about the situation when it happened the first.
Shristi said:
on Thursday 01-Mar-18 05:06 PM
She clearly knew the kind of person he is and his behaviour. The first time it happened would probably be classified as rape. The other two times it happened to her I'm not so sure because she knew the type of person he is.
At the same time I think she could have been going back to meet him maybe because he blackmailed her with something that we don't know about?
Melissa said:
on Thursday 01-Mar-18 02:41 PM
She should have taken it further when she was raped the first time but she didn't she went back for more. I believe if you get raped once and you keep going back then you are looking for trouble. So if you make that choice then you just have to live with it.
Bianca R said:
on Thursday 01-Mar-18 08:50 AM
I do not think that one could speculate not knowing all of the facts of the matter, like Jessica said, we do not know if there was blackmail involved or exactly what transpired. All of these incidents coming to light is bringing more and more people into the spotlight and it is sad that these woman feel that only when one person stands up, have they then got the right to have their story heard.
Megan said:
on Wednesday 28-Feb-18 09:10 PM
I don't think you can pass it off as rape when there is second and third time honestly she knew what was happening and she obviously knew who he was. A man with status! I think this doesn't help with activists who are truly fighting against the act of rape, no one hears them out when they speak up about it.
Prishani said:
on Wednesday 28-Feb-18 05:31 PM
This is a very sensitive topic that I don't usually like getting in to, rape is a very inhumane and demoralising crime and the truth is that many men in the entertainment business use their wealth and power to manipulate and threaten women into doing things they aren’t really comfortable with. The reality is that you can never tell a rape victim when to speak out about the crime. We also have to bear in mind that it is a very invasive crime and not the easiest to speak about, it is also important to consider the psychological factors that go hand in hand with a crime such as this.
Joyce said:
on Wednesday 28-Feb-18 05:01 PM
I think the lady had some sort of pressure that kept her closer to the man she alleged raped her, maybe she did not have a choice of staying away from the man she claimed was dangerous. I think it is a confusing case
Angelique Jurgens said:
on Wednesday 28-Feb-18 04:57 PM
It isn't a topic I particularly like to have a loud opinion on because it is quite sensitive. It almost sounds like her career meant more than her career - perhaps she thought she would never get hired again. This is crazy though, only she will know why she went back so many times and to his hotel. Why on earth was meetings happening in his hotel room? Why don't you politely decline for the hotel conference room or bar? All questions I cannot answer. If I were her I would not take it further she has already gone through alot and being dragged in court by probably a highly paid lawyer will not be a walk in the park.
Sinead said:
on Wednesday 28-Feb-18 04:56 PM
I feel like these are just allegations because why after all the drama happens do these stories come about? I also think I have no right to say that because everyone is entitled to their privacy etc. but it really does make one think if the stories are true or not.
Then again, why on earth would you keep going back to the same hotel and still participate in his films if it was not consensual?
Liz said:
on Wednesday 28-Feb-18 02:07 PM
I definitely think the first encounter could be classified as rape, however the other two are tricky, although by entering a hotel room alone one is not necessarily consenting to anything more, it is strange that this woman would continue to visit the hotel room of her rapist, knowing full well what he is capable of.
I am a staunch supporter of everyone that has been part of the "me too" movement and all those who have been sexually abused by Hollywood moguls as well as politicians, however, I do believe that some people have jumped on the bandwagon just for the sake of being part of the movement or having their five minutes of fame. There is a difference between being sexually assaulted and a simple touching of the arm, in my opinion and I believe those that have transgressed should be held fully accountable, I don't however agree that a witch-hunt should ensue here.
Jadine Richards said:
on Wednesday 28-Feb-18 01:51 PM
That doesn't sound like rape to me. The first time could be classed as rape yes. However, by going back to the hotel on a second and third occasion, knowing what happened the first time, it would create an impression in his mind that she was actually interested and not resisting. How can one argue that they were taken advantage of if they themselves created the situation. And yes, it would be the 'victim' who creates the situation if you return...alone, to the hotel room of your alleged rapist not once, but twice!
Daniella said:
on Wednesday 28-Feb-18 12:50 PM
I tend to trend lightly with my opinion regarding this topic, because rape with out a proper rape kit examination is always a he said, she said case. I must agree that it is really weird that she would go to the same hotel on three occasions however there probably is more to the story
Michelle D said:
on Wednesday 28-Feb-18 11:45 AM
I think what people don't understand is that rape is not as clear cut as "she said no and he did it anyway." Men in positions of power, such as Harvey Weinstein, put women in complicated positions. Women won't resist because it would be detrimental to their chosen career path. Submission to Weinstein out fear of being cast out of their position cannot be regarded as their consent. When talking about sexual allegations and harassment, Louis CK stated "The power I had over these women is that they admired me. And I wielded that power irresponsibly." When funding Selma Hayek's movie, Frieda, Harvey threatened to pull out of the entire movie if there wasn't an explicit lesbian scene. I personally think that the reasons why the woman in question went to Weinstein's hotel must be ascertained. If she went back as a result of threats then it cannot be regarded as consensual. In South African criminal law submission is not regarded as consent. People in positions of power, such as policemen and people wielding weapons, are guilty of rape if the act is induced as a result of their authority or intimidation.
Mathilda Du Preez said:
on Wednesday 28-Feb-18 11:19 AM
It’s so strange to me that literally 20 different women will come out NOW after “100 years” that they were raped by a producers or director? Why now?
Same with Bill Cosby he is almost one foot in his grave and they only came out recently that he sexually abused several women.
It’s almost like a new trend starting everyday there is someone new that was allegedly raped by their producer or director and on top of that after the allegations acted in that same producer’s movie?
Thabitha said:
on Wednesday 28-Feb-18 10:34 AM
You will never know really about these celebrities anything is possible, look at Bill Cosby the America's dad who will ever think of him abusing and these horrible things happens to other working places or companies people have to go through painful and shameful situation to keep their jobs or positions.
Maybe just maybe she also went there three time because she wanted to keep her position or her role which is nonsense
Natasha said:
on Wednesday 28-Feb-18 10:19 AM
I don't think its alleged rape, because after the first time it happend she knew that everytime she wants to have a role in a movie that she will have to sleep with him to get anywhere. Dont think there could be a case seeing that she kept on returning to his Hotel room after the first time, second time, and who knows maybe in 2020 she will go back again. It is her own stupidity if she wants to sleep with him to get a role in a movie.
Alexis said:
on Wednesday 28-Feb-18 10:14 AM
I honestly feel that there would not be a case in this regard. It is very suspicious to be going back, not once, not twice but THREE times. But as Jess says, if you possoblyu look into every time and the reasoning, something may be found. Another is that he does not want to star her in anymore of his productions - and now she ia a woman out for revenge and making up stories...and a story can ruin ones reputation whether it is true or not
Henrietta said:
on Wednesday 28-Feb-18 08:48 AM
I'm sorry but why on earth would you go back after the being raped the first time??? Being abused that way would mentally and emotionally damage a woman and t for one can not for the life of me reason why you would go back a third time let alone take part in his movies. No I don't think she would ever succeed with the claim and even if this goes to court they would rip her apart.
fikile said:
on Wednesday 28-Feb-18 08:41 AM
I don't think it's going to work cause in most cases we will look at the movie's and see her in all of them and she got to get the leading role, what does that mean about her. in fact he raped you the 1st time but you still went back and you went back again, this is no longer rape its was just them having normal sex.
Clare said:
on Wednesday 28-Feb-18 08:40 AM
I think that she has no case this is more then likely he said she said and I also think that he is not into her anymore and now she is calling this a rape case because I can not understand if you have been raped by someone and you keep going back to that person and to his hotel room, would you not say something there and then and then get the police involved why now??
Liat Grindler said:
on Wednesday 28-Feb-18 08:38 AM
I completely agree, the prospects of succeeding in a criminal conviction against Harvey Weinstein is very unlikely. Its all dependent on the way the act manifested, maybe she is a person who is easily manipulated or was abused as a child? Then to her it may be the norm, however the fact that she could foresee that she could be raped again, and she went back then she is herself partly liable.
Bianca N said:
on Wednesday 28-Feb-18 08:22 AM
I don't understand why she would go back not once but twice after it has happened, but we do not know exactly what happened in the situation and I believe that her story should be heard and the details thereof should be made clear before anyone can make any judgement on the situation.
Jessica Apfel said:
on Wednesday 28-Feb-18 08:05 AM
Within South Africa there has been much attention around the 'rape culture' within our country, with the #metoo campaign gaining strength. I do think that there is merit within the case - each instance should be assessed and circumstantial factors should be taken into consideration on each occassion. Perhaps the man was manipulative or there was an element of blackmail involved - we cannot make a judgement on the sheer face of it.
Jadine E said:
on Wednesday 28-Feb-18 07:03 AM
If you know what the person has done the first time you would be petrified to even be in their presence let alone their hotel room or house. I highly doubt this will ever be succeed as there were numerous occasion the lady could have avoided it happening to her more than once.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
