“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

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Butcher v. Commonwealth

Docket: 181608

Opinion Date: February 27, 2020

Judge: Kelsey

Areas of Law: Criminal Law

The Supreme Court affirmed in part and vacated in part the judgment of the court of appeals affirming Defendant's conviction for misdemeanor failure to stop at the scene of an accident in violation of Va. Code 46.2-894, holding that the court of appeals correctly found that the evidence was sufficient to prove that Defendant had failed to satisfy either of two post-accident reporting requirements in the statute. Upon affirming Defendant's conviction, the court of appeals further held that "to meet the statutory command, [Defendant] only needed to report forthwith the required information to one person described in the statutory list." The Supreme Court vacated this portion of the court of appeals' opinion, holding that the court of appeals did not have to agree with Defendant's concession of law that the statute's reporting requirements are disjunctive and that it was logically unnecessary for the court of appeals to address this undisputed legal issue.