Hollywood producer Harvey Weinstein will not pay a tentative $25 million dollar settlement reached with those who have accused him of sexual misconduct. Nor will he have to admit wrongdoing.
Attorney Gloria Allred joined Inside the Issues from her office to talk about the current status of the Time’s Up movement, NDA’s and the role lawyers play in harassment cases. Allred is representing several of Weinstein’s accusers.
When it comes to these cases, the question of punishment can become complicated. Allred makes the case that forcing perpetrators to pay money can have a real impact. She said many victims feel like they are on the defensive and it puts them on the offensive and helps them to know that they have their voice and can find their power.
“The money is important because it’s a form of accountability for the accused to have to pay to the person who alleges she is the victim. It’s very empowering for the victim to know that she is able to make him accountable – it’s a form of justice," Allred said.
"Often, many victims will be able to obtain a settlement or a verdict in a court of law, be able to pay for their medical bills, their therapy bills, perhaps obtain lost wages, damages for their pain and suffering.”
Allred is involved in the criminal trial against Weinstein, which started early January of this year. She represents one of the two persons who are alleged victims in that case where he is charged with allegations of rape, sexual assault, and sexually predatory conduct.
Back in December, Weinstein and his accusers reached a tentative deal in which roughly $6 million dollars will go to the 18 women who sued him and more than $12 million dollars will go to attorneys, Weinstein, his brother and former employees of the company’s board. It has been reported that Weinstein himself will not pay a cent but the money would come from insurance companies.
Allred explains that when it comes to payouts, and the percentages that attorneys take, are agreed upon.
“Plaintiff’s attorneys, those who represent victims in civil lawsuits, or in attempts to settle, a civil claim, for example of sexual harassment, do it, in general, on a contingency,” she said.
After Fox News anchor Gretchen Carlson accused her former boss, Fox News CEO Roger Ailes, of harassment she has been calling for the elimination of NDAs. Allred said that is a bad idea because many people like to keep their claims private.
“I am a person who believes that victims should have choices,” she said. “There are clients who would prefer if I can get them millions or hundreds of thousands of dollars in a confidential settlement, without their having to file a lawsuit, and go through years of litigation, testifying in a deposition, testifying at the trial. There are many of them that like their privacy and would like not to have to go through all of that, and if I can get them a confidential settlement, they thank me for that.”
“I don’t think either legislators or members of the press should take that away from them. They should have the choice.”
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