CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, October 30, 2017

"The Legal Profession, Enabling Rape"

Bill Otis has this post at Crime & Consequences. In part:

I haven't said anything up to now about Hollywood mogul Harvey Weinstein and the multiple sexual assault scandal that's enveloping him, and  --  much more importantly  --  the Holier-Than-Thou entertainment industry culture of which he has been a mainstay for decades.  As with the narrative we often hear repeated in court, the rapist, Mr. Weinstein,  isn't the victimizer; he's the victim  --  the victim of an environment of indulgence, excessive drinking, "sex addiction" and so forth.

For generations, this way of thinking has massively contributed to, and excused, rape.  Indeed, rape has been all but accepted in Hollywood with the blase' phrase "casting couch," which was (and remains) a euphemism for powerful men forcing sex on women (or, in the case of director Roman Polanski, girls).

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Very good discussion. The public always see the lawyers as a kind of person who would make the wrong up and take it on its head as morally right via laws. They felt that intuitively justice is broken by us. However, in China and also German, UK and US as far as I know, some academics would reckon it as practices of Rule of Law, Due Process, or protection of basic human rights. But my question is, can these big names really relieve us lawyers from the awkward situation? Are these big names truly the moral antidote to it? The answer maybe negative. Oue lawyers cannot deceive themselves anymore. They have to face the reality and make change. Of course I am not advocating to totally discard these values, but maybe we can re-consider them and maybe re-construct our professional ethics. At least in such sensitive and obvious case like rape, the lawyers should be careful and try to respect the emotion or justice intuition of the victims and the public. Our people is not lying. They do feel deceived in name of rule of law or justice. Otis' last phrase is good. The client pays, the truth doesn't. In my eyes, justice or the thing due to everybody won't pay as well. But they are invalueble.

Posted by: Marcus Kao | Oct 31, 2017 9:38:31 AM

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