Jeff Herman Shares Thoughts On Harvey Weinstein Situation

Jeff Herman is recognized on a national level for the years of service he has provided as a trial lawyer and defender of rights for survivors of sexual abuse. Jeff Herman is the Founder of Herman Law, dedicates its efforts to working with victims of these horrible crimes reclaim their lives by empowering them through the American legal process. Mr. Herman recently expressed his opinions on the Harvey Weinstein Lawsuit.


Herman explains that the mere fact that a person who has been accused of such heinous crimes as Weinstein may not ever face the real possibility of time in prison highlights the importance of civil courts in America. Sexual assault and abuse cases can be sometimes problematic to prove in criminal courts due to the fact that prosecutors must prove beyond a reasonable doubt that these crimes took place. This can be difficult in states like New York, where many of the Weinstein incidents took place because the state has an unusually high burden of proof in these incidents.


Jeff Herman points out that often times a civil court provides a much more efficient vehicle for victims of sexual abuse to achieve justice. This is because the sometimes-unreasonable burden of proof that needs to be established in criminal courts is replaced with a more reasonable ‘preponderance of the evidence’ standard in civil court proceedings. This means that a plaintiff and his or her representatives only need to prove evidence that surpasses a 50% marker.


In civil cases regarding sexual abuse, it is often observed that the employer of the perpetrator is sued for not taking the appropriate steps to prevent such a crime for taking place. Jeff Herman cautions that laws may vary from state to state but explains that courts, in general, take into account whether a particular crime was reasonably foreseeable by the employer when considering these types of cases.


Jeff Herman concludes that cases such as those pending against Harvey Weinstein would be much easier to gain justice for plaintiffs in a civil court that would be to achieve a criminal court conviction. It is his sincere hope that any women that have been harmed by the actions of Weinstein gain the justice they need and deserve to begin the healing of their lives. Refer to This Article for related information.



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