Criminal court proceedings can be incredibly frustrating for victims of crimes. It is especially frustrating for victims of sexual crimes. Defense lawyers often attack the victim’s character and make the entire trial about them. Prosecutors rarely listen to victims as they attempt to prove beyond a reasonable doubt that a sexual crime to place. Oftentimes, victims remain voiceless while they are slandered in court until they take the stand as a witness.
Jeff Herman is a long-time lawyer who defends the rights of rape, sexual assault and sexual exploitation victims. He knows the hardships that victims go through when a rape trial takes place. And that’s why he sees all sorts of problems with the upcoming Harvey Weinstein Trials.
Criminal courts are a very harsh place and the burden of proof on the state is exceptionally high. Prosecutors must prove beyond a reasonable doubt that a crime took place which is very difficult when it comes to rape, sexual assault or sexual exploitation. This is all according to Jeff Herman.
Many years have passed since some of the alleged crimes took place. Even with his team at Herman Law, Jeff Herman sees the difficulty in collecting evidence to convict Harvey Weinstein. Without physical evidence, the trial will turn into a volley of eyewitness testimony as well as “he said, she said.”
And he fears that Harvey Weinstein’s victims will be silenced throughout the trial process. But, he says, the victims would have much more power if they were to bring civil court cases against the alleged Hollywood rapist.
Civil court allows these victims to have a voice during the entire proceeding. The victims have total control over the damages sought for mental, physical and spiritual anguish experienced after the sexual assault. And civil courts do not have such a high standard for conviction. According to Jeff Herman, victims will not need much physical evidence and eyewitness testimony will go a long way in civil court.
This, according to Jeff Herman, is the best way for victims to get back at Harvey Weinstein. In fact, he fears that it may be the only way to get justice. Find Related Information Here.
Follow Herman on https://twitter.com/jeffherman