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This past week, Harvey Weinstein's attorneys asked the Court to dismiss a sex trafficking claim that was asserted against him by a woman who alleges that Weinstein raped her. This came after a judge who is presiding over another sexual assault civil suit against Weinstein issued a decision saying that the sex trafficking statute applied to the circumstances at issue. In this episode, I will discuss the sex trafficking statute and analyze both the arguments advanced by Weinstein's lawyers as to why what he's alleged to have done does not constitute sex trafficking and I will also explain how the Court in the first case against Weinstein concluded that what he is alleged to have done does qualify as sex trafficking under the statute. I'll also give you the pros and cons of such a broad interpretation of the statute and why lawyers try to convince courts to apply such broad interpretations to statutes. I'll also touch upon the benefits of statutes that allow a plaintiff to recover punitive damages and attorney's fees. If you're following the Weinstein cases or are interesting in how lawyers come up with creative arguments for their clients, this episode is for you!
By Jill Rosensweig5
2121 ratings
This past week, Harvey Weinstein's attorneys asked the Court to dismiss a sex trafficking claim that was asserted against him by a woman who alleges that Weinstein raped her. This came after a judge who is presiding over another sexual assault civil suit against Weinstein issued a decision saying that the sex trafficking statute applied to the circumstances at issue. In this episode, I will discuss the sex trafficking statute and analyze both the arguments advanced by Weinstein's lawyers as to why what he's alleged to have done does not constitute sex trafficking and I will also explain how the Court in the first case against Weinstein concluded that what he is alleged to have done does qualify as sex trafficking under the statute. I'll also give you the pros and cons of such a broad interpretation of the statute and why lawyers try to convince courts to apply such broad interpretations to statutes. I'll also touch upon the benefits of statutes that allow a plaintiff to recover punitive damages and attorney's fees. If you're following the Weinstein cases or are interesting in how lawyers come up with creative arguments for their clients, this episode is for you!