Update 20 March 2018: New York Governor Andrew Cuomo has asked the state attorney general to review how the New York County district attorney, Cyrus Vance, handled a 2015 investigation into sexual assault allegations against Harvey Weinstein.
'The recent revelations about sexual assault and harassment pervasive in our society are most disturbing,' the governor wrote in a statement on Monday. 'We are leading the way forward with the nation's most comprehensive reform package. This behaviour must end.'
On hearing the governor's announcement, actresses involved in the Time's Up movement voiced their support for Cuomo's decision on Twitter.
Following the governor's announcement, actresses involved in the Time's Up movement voiced their support for Cuomo's decision on Twitter.
Months after the launch of Time's Up, the initiative has written an open letter to New York Governor Andrew Cuomo to investigate the state's handling of sexual harassment and assault allegations made against Harvey Weinstein.
In the letter – which was first reported by The Cut – the legal defence fund and advocacy group urged Cuomo to 'launch an independent investigation of the New York County District Attorney, Cyrus Vance, and the office of the District Attorney'.
The initiative called on Cuomo 'to determine the facts related to the decision not to prosecute Harvey Weinstein for sexual abuse crimes against one of his accusers, [Amber Battilana Gutierrez]' after a story in New York Magazine revealed the alleged mishandling of the case.
Battilana Gutierrez alleged that during a 2015 meeting with Weinstein, the film mogul had sexually harassed her. She reportedly immediately informed the NYPD Special Victims Division of the alleged assault, who convinced her to meet with Weinstein again and record their interaction with the help of undercover police officers.
After two weeks of investigation, the Manhattan District Attorney's office decided not to file charges.
At the time, their statement read:
'This case was taken seriously from the outset, with a thorough investigation conducted by our Sex Crimes Unit. After analysing the available evidence, including multiple interviews with both parties, a criminal charge is not supported.'
In October 2017, The New Yorker published a recording obtained from the NYPD undercover operation involving Battilana Gutierrez, in which the disgraced producer can be heard admitting to groping her.
In the taped conversation, Weinstein asks her to join him and warns: 'Don't ruin your friendship with me for five minutes.'
Interestingly, the International Business Times previously reported that in months after 2015 charges against Weinstein were dropped, he donated £7,130 ($10,000) to Cyrus Vance's political campaign.
In the open letter, Time's Up also writes that it fears that the 'negative relationship' between the NYPD special victims unit and Vance's office will make it 'even less likely that victims who have been assaulted by rich or powerful men will be willing to come forward'.
Read the full letter published by Time's Up below:
TIME'S UP calls for Investigation of NY District Attorney Cyrus Vance
TIME'S Up, a global organisation dedicated to ending workplace sexual harassment and abuse, calls on the Governor of New York, Andrew Cuomo, to launch an independent investigation of the New York County District Attorney, Cyrus Vance, and the office of the District Attorney to determine the facts related to the decision not to prosecute Harvey Weinstein for sexual abuse crimes against one of his accusers, Amber Battilana.
Reports that District Attorney Cyrus Vance could have been improperly influenced by Mr. Weinstein and/or his representatives, and that senior officials within the DA's office may have sought to intimidate Battilana are particularly disturbing and merit investigation. Similarly, reports that the New York Police Department chose to isolate Battilana from Vance's staff because they feared his office was actively working to discredit her story demand immediate scrutiny.
An independent investigation into the full decision-making process in this case, including a full review of the correspondence within the office and with any representatives for Mr. Weinstein, must be undertaken immediately to ensure that prosecutorial integrity was maintained and to restore faith in the DA's office.
We are concerned that what appears to be the negative relationship between the sex crimes unit of the Manhattan District Attorney's Office and the Special Victims Unit of the NYPD makes it even less likely that victims who have been assaulted by rich or powerful men will be willing to come forward and that their assailants will be prosecuted and convicted.
Greater awareness of sexual abuse crimes is essential, but it is hollow and can even be a deterrent if survivors cannot access justice through fair and unbiased prosecution.
Given the multitude of credible reports of Mr. Weinstein's behaviours after the DA's decision not to prosecute in this case, arguably his continued victimisation of others could have been avoided.
There will only be real consequences for abusive behaviour when our public officials, sworn to uphold the law, care as much about the rights of the victim as concerns for the accused.
Katie O'Malley is the Site Director on ELLE UK. On a daily basis you’ll find Katie managing all digital workflow, editing site, video and newsletter content, liaising with commercial and sales teams on new partnerships and deals (eg Nike, Tiffany & Co., Cartier etc), implementing new digital strategies and compiling in-depth data traffic, SEO and ecomm reports. In addition to appearing on the radio and on TV, as well as interviewing everyone from Oprah Winfrey to Rishi Sunak PM, Katie enjoys writing about lifestyle, culture, wellness, fitness, fashion, and more.
