Given that we are nearing the end of Mental Health Month and after what are now closer-to-fact-than rumor discussions of Harvey Weinstein’s civil suit settlement, I need a mental break to consider one question: What does the real solution or solutions look like?
On a local, national and global scale- for all those brave enough to join MeToo, #MeToo, TimesUp and the host of other movements around the globe, what can and should we consider the real victories? In considering how we all relate (because we all do related to these movements) to these movements combating sexual harassment and sexual violations, what do we consider our wins and our losses, and how?
The Background
So before we jump right into what happened and where go from there, let’s remember our starting point. Structural misogyny and sexual harassment has been in grained in our lifestyles for too long. In 2006, Tarana Burke, created the Me Too campaign, then known as Just Be Inc, a means to support young women of color healing or not healing from sexual violations. From there is exploded in a hashtag put out by Alyssa Milano.
“Right before I was ready to throw my proverbial wig, I learned all would not be lost.”
Since then, the hashtag has has led to a celebrity outpour of support and blame, including against movie mogul Harvey Weinstein.
In the past year and a half, over 80 women have come out against Harvey Weinstein alleging a range of sexual misconduct and harassment. Eight months in, Harvey Weinstein was arrested and was facing both civil and criminal charges.
Weinstein Potential Settlement Terms
Payment Breakdown
A total of $44 million is the alleged settlement in the works, from the original ask of $90 million. $30 million is to be split amongst alleged victims, employees, and lawyers. $14 million would go towards legal fees.
In between the lines: The crazy part is WHO would be paying all of this and WHO will be getting paid! The $44 million would NOT be coming for Harvey Weinstein himself, who’s net worth has gone from $300M to $50M, but instead through insurance policies connected to his company!
Not only does this mean that Harvey would not be putting the cash up, it also means that the wealthy employees from his company would be getting paid from the same money set aside for his victims! According to Fox News, his accusers could get less than $60,000 each.
Potential Civil Settlement Does Not Block Criminal Case
Right before I was ready to throw my proverbial wig, I learned all would not be lost. This settlement would only pertain to his civil suits and not block the criminal proceedings against him, that are due to occur in September in Manhattan.
There, according to Time Magazine Harvey Weinstein will be facing life in prison behind several charges:
2 counts predatory sexual assault
1 count criminal sexual act in the 1st degree
1 count rape in the 1st degree
1 count rape in the 3rd degree
Since The Lawsuits
Since the onslaught of public allegations pouring out, Weinstein Co has filed bankruptcy, claiming to be hundred of millions in debt. As before mentioned, Harvey’s personal net worth has dropped significantly but not to the point that he has forgotten how to live a lavish lifestyle.
Alleged Victim’s Reactions to the Potential Payout
Some of the alleged victims are willing to accept the lower-than-asked-for payout, but that does not mean they are thrilled about it. First of all, how can one be thrilled considering why they would be getting paid. Secondly, as Kadian Noble, one of his accusers said, the compensation is welcome but does not assist with the trauma.
What Are the Real Solutions?
Soo trying NOT to just be hot headed and annoyed - I am really trying to figure out what is the point? What are the wins that we are after? After some thought, I’ve mustered up 3.
Better Support For Victims Before, During and After Assault
Movements like MeToo and TimesUp are able to become such instrumental movements because the issue is so pervasive. There has even been global response in Japan, Brazil, Argentina, Egypt and France. This also means the work, as Iyanla Vanzant would say, has only just started.
Victims carry the entire burden on their shoulders: to deal with the trauma years after their assaults, to recite their assaults over and over again, to bear the burden of proof that often does not end with real justice. The trauma alone is a heavy reality, and is one that can and will show itself for the victim’s life time.
Perpetrators Coping to Their Assaults
Them saying so takes the unfairly heavy burden placed on the victims to proves they were assaulted. When speaking on a panel for CBS, Elaine Welteroth so correctly noted that “[w]hile we have victims or survivors coming forward and saying me too, we need men to say, ‘I did that’.”
Though I would expand this to cover both men and women identifying survivors and perpetrators, I agree there can be no more denial or dragging survivors past through the jury of perception. Owning mistakes and shortcomings is a necessary piece to real justice.
A Change in the Legal System’s and Public’s Approach to Sexual Misconduct
Regularly when allegations of sexual misconduct come into play, especially when a woman is the alleger and a man is the accused, wealth, power, and status become a huge part of the case. For them, it becomes the burden of proof for both parties, but in two different ways.
For the man, it is used to validate his character and position in society, it strengthens his image. For the woman, she has seen as looking for a come up. Or if she wins the case, the money is supposed to lessen her trauma.
Now don’t get me wrong, survivors often deserve more coin that they get, but don’t they also deserve to see the accused put behind bars? I mean if we are all paying into the justice system, shouldn’t we see some real returns?
Bottom Line
All right thats is enough of a rant from me. But truly, if this were your brother, sister, uncle, bestie, or homie that was left to deal with the after effects of being sexually violated, what do you think justice should look like? Is cash all that counts?
all the fuqs
Your voice counts
MeToo is for you too
You do NOT have to accept anything if you do not want to
