Author: Priya Cunningham at Thompsons Solicitors (see website)
Harvey Weinstien – a name little known in the mainstream, until recent weeks. The name is now synonymous with abuse, sexual harassment, assault, degradation and misuse of power.
In the past weeks a growing number of women have come forward with accusations against the producer. The accusations include rape, sexual assault, physical attacks and threatening and demeaning behaviour. The same theme or pattern emerges in most of these stories. Essentially, a powerful man abuses that position of power to the detriment of woman who are seeking to further their careers in Hollywood.
Reports from the victims of these assaults record how they were left feeling after being attacked. The reports include the following:
“disgusted and embarrassed” British actor Lysette Anthony
“horror, disbelief and shame” Anonymous actor who claims she was raped
“horrible trauma” Italian actor Asia Argento
“violated” British actor Ramola Garai
Ok, so you may not be an aspiring Hollywood actor. However, you do, as an employee, have a right to protection from harassment and unwanted sexual advances from your employers and your fellow workmates. This can include conduct both inside and outside of the workplace.
The Equality Act 2010 defines harassment as unwanted conduct which has the effect of making a person feel humiliated, degraded or offended. Sexual harassment is defined as unwanted conduct of a sexual nature and can cover unwanted touching, sexual comments or jokes and sexual assault.
Weinstein’s conduct not only falls squarely within the definition of sexual harassment within the Equality Act, but also clearly amounts to criminal behaviour.
Ramola Garai reports feeling belittled by Weinstein’s disgusting behaviour towards her and says she “didn’t feel like I had the right to complain”. Another actor, Heather Graham, reports that after she refused Weinstein’s advances she was never hired for one of Weinstein’s films. Actor Asia Argento is quoted expressing her fear that Weinstein would “ruin her career” if she didn’t comply with his requests.
Obviously, and sadly, in these cases women have genuine fears that in defending themselves, or speaking up against harassment, they are damaging their careers. Actor Rosanna Arquette, who starred in Pulp Fiction, who stood up for herself and saw off an attack from Weinstein was told by him that she was making a huge mistake; she claims that her career later suffered.
TBC