Manhattan prosecutors announce retrial for film producer Harvey Weinstein | Sexual Assault News

The announcement follows a decision last week to toss Weinstein’s New York conviction on charges of rape and sexual assault.

The Manhattan District Attorney’s Office has revealed plans to retry United States film producer Harvey Weinstein on charges related to sexual assault, less than a week after a New York court overturned his conviction for rape.

Prosecutors made the announcement at a court hearing on Wednesday. Weinstein, in a wheelchair, was in attendance, as was one of his accusers, actor Jessica Mann.

Weinstein’s case had been a pivotal part of the #MeToo movement, a public awareness campaign designed to expose and stamp out sexual assault and harassment.

More than 80 women stepped forward to accuse Weinstein of crimes and misconduct ranging from rape to groping. The allegations reached a fever pitch around 2017, when the #MeToo movement was at its height.

In 2020, Weinstein was convicted in New York on charges that he raped Mann in a local hotel room in 2013 and forcibly performed oral sex on production assistant Mimi Haley in 2006. Both women have spoken publicly about their experiences in the press.

Weinstein was serving a 23-year sentence when the New York Court of Appeals overturned his sentence on April 25. The four-to-three decision cited the fact that witnesses in the case testified to sexual assaults that had never been proven in court.

Nevertheless, on Wednesday, Manhattan prosecutors sought to underscore the severity of the crimes Weinstein is accused of.

“There was nothing consensual about this conduct,” said prosecutor Nicole Blumberg. “We believe in this case and will be retrying this case.”

Harvey Weinstein’s lawyer, Arthur Aidala, addresses reporters outside Manhattan Criminal Court on May 1 [Mary Altaffer/AP Photo]

Weinstein’s defence team said it welcomed the chance to clear his name. “It’s a new trial. It’s a new day,” said lawyer Arthur Aidala.

He added, “We’re very confident that if he goes to trial, the only words we’ll hear at the end of trial are ‘not guilty’.”

The 72-year-old film producer has maintained his innocence, alleging the sexual encounters were consensual.

Judge Curtis Farber told the court he anticipated scheduling the trial around the US Labour Day holiday, on September 2. But he did not specify an exact date.

Prosecutors had suggested Labour Day as a time when Mann would be available to testify again.

Haley, however, has not yet indicated whether she will participate in the retrial, according to her lawyer Gloria Allred, who added that the public scrutiny in the case was traumatising.

Aidala said Weinstein would return to Bellevue Hospital in Manhattan after the hearing, where he had been sent after his release from New York’s prison system on Friday.

Still, Weinstein is not a free man: He was convicted of a different rape in Los Angeles in 2022 and sentenced to 16 years in prison in California.

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Top New York court overturns Harvey Weinstein’s 2020 rape conviction | Sexual Assault News

Defence and prosecution prepare for retrial of the once-powerful movie producer in a case that was a landmark for the #MeToo movement.

New York’s highest court has overturned disgraced Hollywood producer Harvey Weinstein’s 2020 conviction for rape and sexual assault, highlighting the challenges of holding powerful men to account.

The Court of Appeals found on Thursday that the landmark trial was unfair because the judge allowed women whose accusations were not part of the charges Weinstein faced to give evidence in court.

Judge Jenny Rivera called for a new trial following the 4-3 decision.

The ruling does not affect a separate 16-year rape sentence handed down in California, so the 72-year-old will remain behind bars.

Bombshell allegations against the Oscar-winning producer broke into the open in 2017 and led to a flood of allegations against other powerful men as women fought back against sexual violence in what became known as the #MeToo movement.

Three years later, a New York court found Weinstein guilty of sexually assaulting former production assistant Miriam Haley in 2006, and raping aspiring actress Jessica Mann in 2013.

He was jailed for 23 years in a case that was considered a landmark for the #MeToo movement.

Following his conviction, a civil trial awarded $17m to dozens of other women who had accused Weinstein of abuse.

Many of his accusers condemned Thursday’s decision, with actress Ashley Judd calling it “an act of institutional betrayal”.

The office of Manhattan District Attorney Alvin Bragg signalled it planned to put Weinstein back on trial.

Stinging dissent

At a news conference, Weinstein’s lawyer Arthur Aidala called the ruling “a tremendous victory for every criminal defendant in the state of New York” and said Weinstein was ready to testify in his own defence at a retrial.

“He’s been dying to tell his story from day one,” Aidala said. Weinstein has contended that any sexual activity was consensual.

Any retrial would be overseen by a different judge. The term of the judge in the original trial, James Burke, expired at the end of 2022.

In its ruling on Thursday, the state Court of Appeals said the trial court erred in allowing “testimony of uncharged, alleged prior sexual acts” and saying it would permit questions about Weinstein’s “bad behaviour” if he had testified. The producer did not take the stand in his own defence.

In a stinging dissent, Judge Madeline Singas wrote that the court was continuing a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence”. She said the ruling came at “the expense and safety of women”.

In another dissent, Judge Anthony Cannataro wrote that the decision was “endangering decades of progress in this incredibly complex and nuanced area of law” regarding sex crimes after centuries of “deeply patriarchal and misogynistic legal tradition”.

The reversal of Weinstein’s conviction is the second major #MeToo setback in recent years.

In 2021, a court in Pennsylvania threw out Bill Cosby’s conviction on sexual assault and he was freed from prison. The Supreme Court declined to take up the case.

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Former Australian gov’t staffer raped colleague in Parliament, judge finds | Politics News

Bruce Lehrmann loses defamation claim against broadcaster and journalist over 2021 interview with his accuser.

A former government staffer in Australia raped a colleague in the country’s Parliament, a judge has found, rejecting his defamation claim against a broadcaster that aired his accuser’s allegations.

Justice Michael Lee ruled that Bruce Lehrmann, an adviser to the previous conservative government, was not defamed in the television interview with Brittany Higgins and that he had raped her in a minister’s office in 2019.

Lee made his finding on the balance of probabilities, a lower standard than that used in criminal trials to establish guilt beyond a reasonable doubt.

Lee said it was “more likely than not” that the former government staffer was “hellbent” on having sex with a woman he found attractive and knew to be inebriated.

“In his pursuit of gratification he did not care one way or another whether Ms Higgins understood or agreed,” Lee said.

“Mr Lehrmann raped Ms Higgins,” the judge said.

“I hasten to stress this is a finding on the balance of probabilities.”

Lee also criticised Network 10 for airing the allegations against Lehrmann, finding that doing so “fell short of the standard of reasonableness”, and said Higgins had been a “complex, and in several respects, unsatisfactory witness”.

Lehrmann did not make any comment to the assembled media scrum as he left the court.

Lehrmann, who has always maintained his innocence, sued Network 10 and journalist Lisa Wilkinson over the 2021 interview with Higgins that did not identify him by name.

Lehrmann went on trial for the alleged rape in 2022, but the proceedings collapsed without any findings against him after a juror was found to have carried out research into the case in violation of court rules.

Prosecutors abandoned a proposed retrial after determining it would severely harm Higgins’s mental health.

Higgins’s allegations convulsed Australia’s political landscape when they were first made public in 2021, prompting a flurry of discussion about sexual violence and the treatment of women in politics.

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Spanish prosecutors seek jail term for Luis Rubiales for Hermoso kiss | Football News

Prosecutors want Rubiales to face a year behind bars for the kiss and 18 months for the charge of coercion.

Spanish prosecutors are seeking a two-and-a-half year jail term for disgraced ex-football chief Luis Rubiales who is facing trial for kissing Spain midfielder Jenni Hermoso on the lips against her will, court documents show.

Prosecutors also want Rubiales, who has been charged with sexual assault and coercion, to pay at least 50,000 euros ($54,000) in compensation to Hermoso, they wrote in a document sent to Spain’s Audiencia Nacional court, Spanish media reported on Wednesday.

During the incident, which took place on August 20 after Spain beat England to win the Women’s World Cup final in Australia, Rubiales held Hermoso’s head in both hands and forcibly kissed her on the lips.

The kiss took place live in front of the world’s cameras, provoking widespread outrage and prompting his suspension by world football governing body FIFA.

At the time, Rubiales brushed it off as a “consensual” peck on the lips, but Hermoso, 33, said it was not.

Under Spanish law, a nonconsensual kiss can be classed as sexual assault – a criminal category that groups all types of sexual violence.

Rubiales “grabbed the player’s head with both hands, and surprisingly and without consent or the player’s acceptance, he kissed her on the lips”, the prosecutors wrote.

After realising the kiss could have “personal and professional consequences” with his suspension by FIFA on August 26, Rubiales and his entourage began to exert “constant pressure” on Hermoso so that she “publicly justify” the kiss as consensual.

The pressure caused her “anxiety and intense stress” for several months, they wrote.

Prosecutors requested that the 46-year-old face a year behind bars for the kiss, and 18 months for the charge of coercion.

Three of his former associates are also being tried for putting pressure on Hermoso: former women’s coach Jorge Vilda, men’s team director Albert Luque and Ruben Rivera, marketing boss at the Royal Spanish Football Federation (RFEF).

Hermoso filed a lawsuit against Rubiales in September, telling the judge she had come under pressure to defend him both on the flight back from Australia and on a subsequent team holiday to Ibiza in the Balearic Islands.

In addition, she requested a restraining order barring Rubiales from coming within 200 metres (656 feet) of Hermoso and from communicating with her for the next seven-and-a-half years.

If convicted and sentenced as requested by the prosecutor, Rubiales would not necessarily have to go to prison. Spain’s criminal code allows judges to “exceptionally” suspend jail terms if – as in this case – none of the sentences imposed individually exceeds two years.

Rubiales has been named in a separate corruption probe that shook the RFEF last week, when police searched the federation’s headquarters and an apartment belonging to Rubiales, arresting seven people.

A Spanish court has been investigating since June 2022 if Rubiales committed a crime of improper management when the RFEF agreed with former Barcelona player Gerard Pique’s Kosmos firm to move the Spanish Super Cup to Saudi Arabia, a judicial source told the Reuters news agency then.

Rubiales, who was in the Dominican Republic during last week’s searches, has repeatedly denied any wrongdoing and told El Espanol newspaper he would cooperate with the investigation.

A court source said his lawyers told the judge he would return from the Dominican Republic on April 6.

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How is renewed violence in Myanmar affecting the Rohingya? | Rohingya News

The Rohingya are yet again bearing the brunt of renewed fighting and military air strikes in Myanmar, United Nations chief Antonio Guterres warned this week.

The latest wave of fighting by rebel groups who want to overturn the country’s 2021 military coup flared up in October last year. The military extended the country’s state of emergency in January and announced a new, mandatory conscription programme in mid-February, which is also feared may disproportionately affect the Rohingya people.

Not only are the Muslim-majority Rohingya being bombed “indiscriminately” but they are also being forcefully drafted into the army even though they are not recognised as citizens and have long been subject to persecution by the State Administrative Council (SAC) – or the military government – activists say.

Here’s what we know so far:

What is happening in Myanmar?

Myanmar, formerly known as Burma, was under military rule for five decades until the 2015 election, when democratic leader Aung San Suu Kyi won a landslide victory. However, the military removed her in a coup on February 1, 2021, prompting an armed uprising by rebel groups which has continued since.

The Assistance Association for Political Prisoners (AAPP) has reported that 4,680 people have been killed by the Myanmar military since the start of the coup.

Most recently, the Three Brotherhood Alliance, a collective of armed anti-coup resistance groups – the Arakan Army, the Myanmar National Democratic Alliance Army (MNDAA) and the Ta’ang National Liberation Army (TNLA) – launched a major offensive in October 2023.

Codenamed Operation 1027, the attack by the alliance on October 27 last year led to the fall of more than 100 military posts as the military retreated and left heavy weapons and significant ammunition behind.

In November 2023, the military announced that it had lost control of Chinshwehaw, which borders China’s Yunnan province and is central to the flow of trade from Myanmar to China, after days of fighting with armed groups.

In January, the Arakan Army, one of the armed rebel groups, said it had taken full control of a key western town, Paletwa, in Chin state, having overrun several military outposts.

The military has responded with force. “The Myanmar junta has been indiscriminately bombing Rohingya areas in different townships in Rakhine state,” said Nay San Lwin, co-founder of the Free Rohingya Coalition, a global network of Rohingya activists.

Quoting local sources, Nay San Lwin said on Monday, 23 Rohingya, including children and a religious scholar, were killed during the bombardment of the western Minbya township. Additionally, 30 Rohingya were injured. “These attacks on Rohingya are happening everywhere,” said Nay San Lwin.

Other factors, such as a declining economy and depleting natural gas reserves, which are a crucial revenue source for the military government, have further brought its legitimacy into question.

A recent mandatory conscription order has triggered panic throughout Myanmar, with many residents looking for ways to escape. For the Rohingya, however, avoiding the draft is particularly difficult due to their restricted mobility.

Who are the Rohingya?

The Rohingya are a Muslim-majority ethnic group in Myanmar. Myanmar is ethnically diverse, with 135 major ethnic groups and seven ethnic minority states, according to the international human rights organisation, Minority Rights Group. Among these, the Burmese are the largest and most dominant group.

The Rohingya are not acknowledged in this list of 135 groups and have been denied citizenship in Myanmar since 1982. Nearly all the Rohingya live in the coastal state of Rakhine, which was called Arakan until 1990.

While Aung San Suu Kyi’s electoral victory was initially viewed as a desperately needed reprieve from a long period of unjust military regimes, she remained silent on the issue of the Rohingya.

The Myanmar military has repeatedly cracked down on the Rohingya in Rakhine since the 1970s. This has resulted in a mass exodus of Rohingya refugees to neighbouring Bangladesh. In 2017, a violent military crackdown forced more than 700,000 Rohingya refugees across the border. During crackdowns, refugees have often reported rape, torture, arson and murder by Myanmar security forces.

How does the new conscription law affect the Rohingya?

On February 10, the Myanmar military government announced that it would enact the People’s Military Service Law which makes conscription mandatory for young men and women, but which had lain dormant since it was passed under a previous military administration in 2010.

The UN Special Rapporteur for human rights in Myanmar, Tom Andrews, said on February 21 that the imposition of the mandatory draft was a sign of the military’s “weakness and desperation”.

Men aged 18 to 35 and women aged 18 to 27 can be drafted into the armed forces for two years at a time, and this term can be extended to five years when a national emergency is declared.

Nay San Lwin told Al Jazeera that local sources had reported at least 1,000 people from the Rohingya community being taken by the military from three towns – Buthidaung, Sittwe and Kyaukphyu. Nay San Lwin added that some have completed two weeks of training and have been taken to the battlefield. “Dozens have been killed on the battlefield while being used as human shields in Rathedaung township,” he added. The Myanmar military has previously used porters as human shields.

Al Jazeera has not been able to independently verify these accounts of conscription of the Rohingya.

The Rakhine state has experienced communications blackouts since at least 2019. A blackout was reinstated in January this year with only limited access to communications since then.

Zaw Win, a human rights specialist at the independent Southeast Asia-based rights group, Fortify Rights, said that during these limited periods, the group has received phone calls from Rohingya people saying they have witnessed friends and family members being taken from camps for internally displaced people (IDPs) in Rakhine by the military.

Zaw Win added that his team had interviewed a man who had “witnessed how the junta military took away the Rohingya youth from Ward 5, Buthidaung. The military came in their vehicle and caught the Rohingya”, he said.

However, he said that Fortify Rights has not been able to independently verify these reports so far.

Tun Khin, a Rohingya activist and the president of the Burmese Rohingya Organisation UK in London, also highlighted reports of forced recruitment via his account on X.

The military government has not issued any official statement about the recruitment of the Rohingya into the armed forces, but Nay San Lwin said it had issued a denial that young Rohingya were “forcibly recruited, arrested and then taken to military battalions for training” via state newspapers in both English and Burmese.

It is especially difficult for the 600,000 Rohingya living in camps and villages in Rakhine to leave Myanmar in order to escape conscription, activists say.

To move from one village to another, individuals must obtain permission from the village administrators who are also Rohingya but act under orders from the military. This process can be long and costly, requiring approvals from several different local government departments.

Activists claim recruiting the Rohingya is designed to create communal tensions between the Rohingya and the Rakhine Buddhists.

Videos surfaced on social media on March 19 showing the Rohingya apparently protesting against the Arakan Army. However, many X users speculated that this was a military government-sponsored protest. In an X post, Aung Kyaw Moe, cabinet member of the National Unity Government Myanmar – the elected MPs who were removed in the coup – wrote, “Junta is using the Rohingya as a proxy to protest against AA [Arakan Army] in Buthidang is not definitely organic.”

Myanmar’s 2017 military crackdown on the Rohingya has been under investigation by the International Criminal Court (ICC) since 2019. However, there has been a lack of progress in the case.

“It has been three years since the coup, and not a single ICC member state has referred Myanmar to the ICC. I think that’s a practical failure, it’s a moral failure. But it’s one that can be rectified,” said Matthew Smith, executive director of Fortify Rights.

A separate case was also filed by The Gambia in 2019 at the International Court of Justice (ICJ), accusing Myanmar of committing genocide against the Rohingya. While the ICJ issued orders for provisional measures to be taken by Myanmar to protect the Rohingya, Nay San Lwin and Smith said that no action has been taken.

“The UN Security Council should regard the Myanmar military flouting the provisional measures as a reason for action,” said Smith.

Nay San Lwin said that the Rohingya crisis could be resolved if a civilian government which acknowledges the plight of the Rohingya comes to power. Furthermore, he said: “If the international community takes serious action against the military, we will not suffer.”

 



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Four arrested after Spanish blogger on India motorcycle tour gang-raped | Sexual Assault News

The couple had set up a tent to pass the night in Jharkhand state’s Dumka as seven men attacked them.

Indian authorities have arrested four people suspected of being part of a group that gangraped a Spanish tourist and assaulted her partner.

The woman – whose identity was not revealed by the authorities – is a travel blogger with more than 200,000 followers on Instagram.

She was travelling with her partner in the eastern Indian state of Jharkhand when the attack happened on Friday night.

The couple had stopped their motorbikes and set up a tent to pass the night in the state’s Dumka district before a group of seven men attacked them.

All the members of the group have been identified and the remaining suspects will be arrested “soon”, Jharkhand police chief Ajay Kumar Singh told The Indian Express newspaper.

“They had beaten us and robbed us, although not many things [were taken] because what they wanted was to rape me,” the 28-year-old woman said in an Instagram post.

In another post, her male partner said he was hit several times in the head with a helmet and that his “mouth is destroyed”.

A patrol car rescued the duo late on Friday night after the assault and escorted them to a local hospital.

The couple were touring South Asia and had concluded a trip to Sri Lanka before the Indian leg of their journey.

Sexual violence targeting women is common in India, with women from minority tribal communities being particularly at risk. Taboos around speaking up about the crime and low conviction rates of suspects add to the problem.

An average of nearly 90 rapes were reported in India every day, meaning one woman was raped every 18 minutes, in 2022, according to the National Crime Records Bureau, which recorded 31,516 rape cases that year.

Rajasthan, Uttar Pradesh and Madhya Pradesh states recorded the highest number of cases.

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UN official warns of possible war crimes, rape as a weapon in Sudan | Conflict News

The United Nations human rights chief has said that the apparent deliberate denial of safe access for humanitarian agencies within war-torn Sudan could amount to a war crime.

“Sudan has become a living nightmare. Almost half of the population – 25 million people – are in urgent need of food and medical aid. Some 80 percent of hospitals have been put out of service,” UN High Commissioner for Human Rights, Volker Turk, said on Friday.

The Sudan crisis “continues to be marked by an insidious disregard for human life”, he told the UN Human Rights Council in Geneva, saying that many of the violations of international humanitarian law committed by the warring parties “may amount to war crimes, or other atrocity crimes”.

The paramilitary Rapid Support Forces (RSF) has been fighting Sudan’s army for control of the country since April last year in a war that has killed thousands, displaced millions inside and outside the country, and sparked warnings of famine.

Both sides “have killed thousands, seemingly without remorse”, Turk said, noting the use of heavy artillery, even in densely populated urban areas.

He said in 11 months, at least 14,600 people had been killed and 26,000 others injured. “Actual figures are undoubtedly much higher.”

Noting the implications of the apparent denial of aid, he called on the warring parties to “meet their legal obligations by opening humanitarian corridors without delay, before more lives are lost”.

Aid supplies have been looted and humanitarian workers attacked, while international agencies and NGOs have complained about bureaucratic obstacles to get into the army-controlled hub of Port Sudan to get humanitarian assistance into the country.

Last month, the UN urged countries not to forget about civilians, appealing for $4.1bn to meet their humanitarian needs and support the more than 1.5 million people who have fled to neighbouring countries.

“With more than eight million forced to flee within Sudan and to neighbouring countries, this crisis is upending the country and profoundly threatening peace, security and humanitarian conditions throughout the entire region,” Turk said.

Rape as a weapon of war

The rights chief also highlighted another weapon in Sudan’s continuing war.

“Sexual violence as a weapon of war, including rape, has been a defining – and despicable – characteristic of this crisis since the beginning,” he said.

Since last April, his team has documented 60 incidents of conflict-related sexual violence, involving at least 120 victims across the country, the vast majority women and girls, he said but added that “these figures are sadly a vast underrepresentation of the reality.”

“Men in RSF uniform and armed men affiliated with the RSF, were reported to be responsible for 81 percent of the documented incidents,” Turk said.

According to a report to the UN Security Council, obtained by The Associated Press on Thursday, sexual violence by the RSF and its allied militia was widespread.

The panel of experts said that, according to reliable sources from Geneina, a city in west Darfur, women and girls as young as 14 were raped by RSF elements in a UN World Food Programme storage facility that the paramilitary force controlled, in their homes, or when returning home to collect belongings after being displaced by the violence. Additionally, 16 girls were reportedly kidnapped by RSF soldiers and raped in an RSF house.

“Racial slurs toward the Masalit and non-Arab community formed part of the attacks,” the panel said.

“Neighbourhoods and homes were continuously attacked, looted, burned and destroyed,” especially those where Masalit and other African communities lived, and their people were harassed, assaulted, sexually abused, and at times, executed.

The panel stressed that disproportionate and indiscriminate attacks on civilians – including torture, rape and killing, as well as destruction of critical civilian infrastructure – constitute war crimes under the 1949 Geneva Conventions.

“Perpetrators of the horrific human rights violations and abuses must be held to account, without delay,” Turk said on Friday.

“And without delay, the international community must refocus its attention on this deplorable crisis before it descends even further into chaos. The future of the people of Sudan depends on it.”

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As a feminist, what I wish for in 2024 is criminal justice reform | Women’s Rights

If I could have one wish for the new year, it would be for Britain’s criminal justice system to be reformed in a way that would ensure the arrest, prosecution and conviction of every single rapist in the country. I do not mean, of course, any man accused of rape, but every man who has actually committed rape.

One of the most prevalent and persuasive myths about rape and sexual assault is that a large number of allegations are false and men who have been publicly accused of rape but could not be convicted in a court of law are the victims of grave miscarriages of justice.

According to the United Nations, “globally, an estimated 736 million women – almost one in three – have been subjected to physical and/or sexual intimate partner violence, non-partner sexual violence, or both at least once in their life.” Despite such shockingly high figures, there is still a presumption that many women make false allegations about male violence – in particular, rape.

In the United Kingdom, the government estimates that false allegations and cases of mistaken identity make up just 2 to 4 percent of reported rapes – a figure believed to be broadly accurate across countries. Of course, men’s rights activists and other anti-feminists never mention this figure in their unhinged rants about how women routinely lie about being sexually assaulted and raped.

Currently, in England and Wales, the conviction rate for rape is at an all-time low. Of those reported to police, known to be just small a minority of sexual assaults actually committed, only 1 percent end in a conviction. That means, if we also take into account the small percentage of false allegations, well over 90 percent of rapists get away with their crimes. These men are bound to be emboldened by their ability to evade justice and will almost certainly do it again. Given the terrible, devastating impact that rape often has on women subjected to it – resulting in chaotic lifestyles, drug and alcohol abuse, and other actions fuelled by trauma – victims of rape are more likely to end up in prison than their rapists.

The biggest obstacles to securing rape convictions in the UK are prejudiced jurors and the reluctance in every level of the justice system to prosecute “difficult” cases – such as those involving women in prostitution, drug and alcohol users, and teenage girls, all of whom are often seen as unreliable witnesses.

Contrary to what is often said in defence of the low number of cases getting to court, there is no such thing as a sex crime prosecution that is “too difficult to prosecute”. In the UK, the Crown Prosecution Service only takes sex crime cases to court if it believes there is at least a 50 percent chance of a conviction. This often means that the more complicated cases, or those involving victims who are considered imperfect, are dropped.

The advantage of the system in the United States is that prosecutors in Special Victims Units work exclusively on sex crimes and receive intensive and ongoing training from experts. These prosecutors play a pivotal role from the moment a rape is reported, working with police to investigate the case and developing an intimate understanding of the details of the crime. This gives them an obvious advantage when it comes to presenting their case clearly and persuasively in court. By comparison, in the UK, the first time the complainant will meet the prosecutor is at the trial.

This is why I advocate for the use of specialised prosecutors in sex crime cases in the UK too. The UK does have prosecutors trained in rape and serious sexual offences, but all that is required is to have attended a training course. These prosecutors also take on a range of other cases, and their “expertise” is, therefore, limited.

What we need is a type of super-lawyer, highly trained in every detail and aspect of sex crimes. This would include legislation, forensic science and victim/jury psychology, equipping them, for instance, to explain to jurors that if a complainant laughs or appears bored or distracted in the witness box, this could be the result of trauma.

Prevailing rape myths, such as “She was asking for it,” “He’s handsome and does not ‘need’ to rape” and “If she didn’t want it, she would close her legs,” can poison the mind of a juror against the complainant, whatever the evidence against the defendant. Women and girls are routinely blamed for being raped – which means the perpetrator, even when it is abundantly clear that he is guilty, is too often absolved. This is how patriarchy works: Keep women and girls in constant fear of male violence, and then when it happens, put the responsibility for it firmly on their shoulders.

Another potential reform put forward by feminists is the abolition of the jury system when it comes to rape and sexual assault trials. When we make this suggestion, however, we are often countered with the argument “Our jury system, the bedrock of a fair trial, is under threat as it is.” While that may well be the case, if we are to ensure victims of rape and sexual assault are to find justice, we need to take drastic measures. Rape myths are entrenched in society. Not only those working in the justice system, from police to prosecutors and judges, but also all potential jurors carry these myths with them into courtrooms. While those actively working the system can be trained to look beyond their prejudices, such training can hardly be extended to jurors. Thus, it may be beneficial to women for rape and sexual assault trials to not involve jurors.

Currently, the justice system in the UK is designed to help perpetrators of rape and sexual assault at every step of the way.

For example, police routinely try to access the counselling and therapy notes of rape victims, which can then be read by them as well as prosecutors, defence lawyers – and even the perpetrator. These notes can occasionally be helpful for the prosecution – if, for example, the victim had spoken in detail about the rape, her own trauma as a result of it and had not slipped up on any of the details – but this is unusual. They are more likely to be used to discredit her in some way, such as making a mistake about dates or times, or where the perpetrator is a current or former partner, telling the therapist that she still “loves” him.

Campaigners, including the Centre for Women’s Justice, are working with Rape Crisis England and Wales on a campaign to “Keep Counselling Confidential”, calling for a change in the law to make it much more difficult for legal advocates to insist on accessing the records of victims who have sought help from counsellors and therapists.

Access to such records should be granted only by order of a judge in exceptional circumstances – and only after the perpetrator has been charged with the offence.

Some years ago, I interviewed a rape victim who told me about her counselling records being made available at the trial of her ex-husband. Sandra* had disclosed to the therapist that she had never felt comfortable having sex with her husband, partly because she had been abused as a child.

As part of their investigation into the perpetrator, police accessed her counselling notes, which they were then compelled to share with his defence team. When Sandra discovered that the rapist had read her therapy notes, she felt so vulnerable and exposed that she dropped the charges.

In 2024, I do not want to hear the usual excuse that “rape is almost impossible to convict” because it’s “her word against his”. If police and prosecutors carry out thorough and responsible investigations, leaving no stone unturned, and take care of the complainant so she gives her best evidence, many more rapists would be locked up. By eliminating the myths and untruths surrounding rape and making a proper commitment to the victims of this heinous crime, the system can be improved without compromising the rights of the defendant.

*Not her real name

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.

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India court quashes remission to 11 men in Muslim woman’s gang rape case | Sexual Assault News

India’s Supreme Court has quashed the remission given to 11 Hindu men who had been jailed for life for the gang rape of a pregnant woman and murdering her relatives during anti-Muslim riots in the western state of Gujarat in 2002.

Bilkis Bano, now in her forties, was five months pregnant when she was brutally gang-raped during the violence, which saw nearly 2,000 people, most of them Muslims, killed in some of the worst religious riots India has experienced.

Seven of her relatives, including her three-year old daughter, were killed in the riots.

More to come…

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Facing high rates of sexual violence, Colombia turns to salsa as therapy | Sexual Assault

Cali, Colombia – As the only sister to nine brothers, Carmen Diaz enjoyed a boisterous childhood in the port city of Buenaventura, Colombia. Together with her siblings, she would wreak havoc around the house or go out in the streets and kick a ragged ball around for hours.

“I adored playing football,” said Diaz, who asked to be called by a pseudonym.

But her joyful, rambunctious childhood came to an end when her uncle started to sexually abuse her, she said. The assault continued over multiple occasions.

When she told her parents about what happened, they refused to believe her and instead accused her of lying. Feeling distraught, Diaz decided to run away from home at the age of 13.

Diaz ended up sleeping on the streets of the nearby city of Cali and became addicted to drugs. Eventually, she found shelter through the city’s social services, which connected her with resources for minors.

That’s how she discovered her lifeline: salsa dancing. It was part of an experimental therapy project run by the local nonprofit, Mi Cuerpo Es Mi Historia, a name that translates to “My body is my story”.

The project combines salsa dancing and psychotherapy to help survivors of sexual violence express their emotions and process their trauma over the course of several months.

“Dancing can help to heal trauma,” said project founder Martha Isabel Cordoba Arevalo, a psychologist and avid dancer who was born and raised in Cali, known as the world capital of salsa.

“When survivors do not want to speak about what happened to them, or if they are not able to, movement gives them a different way of expression.”

Children attend a dance class run by Mi Cuerpo Es Mi Historia in Buenaventura, Colombia [Fanny Aparicio/Al Jazeera]

Over the past decade, Mi Cuerpo Es Mi Historia has worked with approximately 700 young girls, mostly through referrals from city services. Treatment starts with performance classes, focusing on acting, singing or dancing.

Then, the next step is to let participants explore topics they chose through performance techniques. By the end of the programme, organisers hope the art can be an outlet for participants to understand and cope with their experiences.

Recovering from trauma, however, is never easy or straightforward. Arevalo remembers meeting Diaz, now 28, when she was only a teenager, newly referred to the programme. She observed that Diaz seemed aggressive — hurt by all that she had endured — and did not want to interact with the programme’s psychologists.

“I was afraid of men,” said Diaz. “The male psychologists I spoke to, they made me scared.”

But Arevalo soon discovered that Diaz had a natural talent for salsa. Week by week, the teenager seemed more relaxed.

The fast pace of salsa’s tumbao beat kept Diaz’s mind — and her heels — busy, as she flicked across the dance floor, her body swaying to the sound of trumpets and timbales.

“When I was dancing, I felt free and happy,” Diaz said. “It was the best treatment for me. I don’t feel like a victim any more. I am a survivor.”

A growing body of research supports the claim that dance and movement can have benefits for the mind, as well as the body.

A review of 41 studies published in the journal Frontiers in Psychology in 2019 found that dance movement therapy reduced anxiety and depression, “consistently” improving related conditions.

Dita Federman, a dance movement therapist who has researched sexual abuse, argues this unconventional treatment method can reach some patients in ways other interventions cannot.

“It can be crucial in helping some patients,” said Federman. “Dance therapy can lead to increased heart rate, using coordinated movement and balance, and what happens while dancing is that people are more likely to recall and express past memories.”

The city of Cali, Colombia, is famous for its fast-paced brand of salsa dancing, and dancers often fill the streets for events like the annual Cali Fair [File: Jaime Saldarriaga/Reuters]

But Arevalo cautioned that addressing sexual violence is extremely complex and that no simple solution exists.

“You need time and resources, and you need trained professionals in order to make deep modifications or restorations of lives,” she said. “Not everyone has that luxury.”

Federman also warned that, in every type of therapy, there is a risk of re-traumatisation. Dance is no exception.

“It should be done very slowly, without directly questioning [the survivors] for emotional material,” she said. “If it comes up from them, then it comes up. But it shouldn’t be forced.”

And while there has been research into its efficacy, Federman said knowledge about dance movement therapy remains limited because of the difficulty in obtaining permission to study survivors of sexual violence.

“There’s so much we don’t yet know,” she said.

But proponents believe dance therapy could help make small steps in responding to the stark levels of gender-based violence in Colombia.

One third of women in the Latin American nation have suffered physical or sexual violence at the hands of a partner, according to the United Nation’s Global Database on Violence.

Colombia’s six-decade-long internal conflict has also contributed to high rates of sexual violence. In September, the Special Jurisdiction for Peace — a court set up to investigate crimes committed during the conflict — announced that at least 35,178 people had suffered gender-based violence between 1957 and 2016.

Right-wing paramilitary groups were responsible for the largest number of incidents, at approximately 33 percent. Women made up the vast majority of the victims, comprising 89 percent overall.

“The bodies of women have been used as a target of war,” said Arevalo.

To reduce the risk of re-traumatisation, Arevalo avoids using “direct” dance partners in her sessions with young survivors. Instead, the dancers learn their steps in a larger, coordinated group. And when they pair up, they often use a technique called “mirroring”, whereby dancers replicate their partner’s moves at a distance.

Arevalo said there is also plenty of room for individual improvisation in salsa, which can be danced alone as well as with others.

Sofia Murillo and Alexander Patiño lead a salsa class for tourists in Cali, Colombia [Peter Yeung/Al Jazeera]

Her nonprofit includes a pathway for sexual assault survivors to become salsa instructors themselves, so they can pass along their techniques to others — or even set up their own business.

Sofia Murillo is among the graduates of that programme. On a recent December afternoon, she and her fellow teacher Alexander Patiño explained the basic salsa steps to about 25 tourists in a packed dance studio lined with pale yellow and green tiles.

Cali’s brand of salsa is famously fast-paced: In the 1970s, it became popular for DJs to play records at 45 revolutions per minute, much quicker than the usual speed of 33rpm.

Faced with Cali’s whip-fast beats — the galloping pulse of the bongos and cowbells seemingly unrelenting — Murillo’s students struggled to keep up. Their toe taps and turns risked turning into collisions and crushed feet.

But by the end of her class, every one of the tourists was able to cobble together a respectable routine.

“I had negative thoughts in the past,” said Murillo, 40, who became a salsa teacher in 2023. “I was mistreated. But when I’m dancing, it’s different. I forget everything. I smile.”

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