Jeff Herman is a trial lawyer who supports victims of rape and any other form sexual abuse. He is the founder of Herman Law and is currently the Firm’s Managing Partner. Jeff Herman is dedicated to his work in helping victims find justice. In his firm, he has created an analytical unit that assists him to break down his cases to either facts or theory. He usually visualizes his work on whiteboards at his office to avoid destruction. For over a decade, his law firms, Herman Law and Jeff Herman has made national headlines exposing sexual predators and the institutions that protect them.
Jeff Herman sees a very precarious situation when it comes to Harvey Weinstein. The longtime advocate for rape, sexual exploitation and sex abuse victims sees the burden of proof as far too high in criminal cases. That’s why Jeff Herman is advocating for victims to take Harvey Weinstein to civil court.
Criminal and civil courts are very different, according to Jeff Herman. The longtime lawyer sees many flaws in the criminal court system concerning Harvey Weinstein’s case. First of all, prosecutors must prove beyond a reasonable doubt that a sexual assault took place. This can be nearly impossible so many years after the crimes were committed.
It is nearly impossible to collect physical evidence at this late date. In fact, there is likely very little physical evidence if the victims did not receive a rape kit at a hospital right after the event. A criminal case will come down to eyewitness testimony without this critical evidence.
Eyewitness testimony is incredibly unreliable, according to lawyer Jeff Herman. It is one of the most unreliable sources of information in a criminal court case. And this puts the Prosecution Of Harvey Weinstein in jeopardy as the outcome of a criminal case is binary.
All of the effort put forth by the prosecutor may be in vain because it comes down to a simple verdict — guilty or not guilty. However, according to Jeff Herman, civil courts work in a much different manner.
Civil courts work on a scale. The civil court system weighs all sorts of evidence in order to assess emotional, psychological and physical pain. The victim is then awarded monetary compensation for such hardships. And this could be the best way to extract justice from Harvey Weinstein.
The civil courts don’t have as high a standard of proof as the criminal courts. Eyewitness testimony goes a very long way in the civil courts. And the outcome of a civil procedure is not binary. Get More Information Here.
Civil proceedings also put victims in the driver seat. Victims dictate the direction of the case and can accept or decline a settlement. Meanwhile, criminal courts silence the victims as prosecutors follow the evidence.