https://www.americanthinker.com/articles/2020/03/its_all_in_the_stars.html
There is no material evidence to substantiate the case against Harvey Weinstein
As I have previously argued at some length, moral ignominy does not fall within the purview of legal jurisprudence, and personal allegations do not constitute evidentiary certitude. Because a man is a scoundrel with predatory inclinations does not mean we have license to clap him in irons. It means we avoid him like the plague. It means we do not succumb to his blandishments. It means we refuse to accept the gifts and advantages he offers in exchange for our surrender to his wiles and demands. It means, as the theological lore has it, that we do not sell our souls to the devil — or, in Harvey Weinstein’s case, our bodies as well.
It also means that in a court of blind justice deriving from Magna Carta and established over a long evolution, predicated on the concept of “beyond a reasonable doubt” and grounded on factual evidence, Weinstein could not have been found guilty. What we have is a narrative of the acts and machinations of an obviously despicable person; hearsay, revelation, memory, tearful indignation and sundry testimonials do not constitute tangible and objective evidence. Criminal guilt cannot be established on the basis of the statements of the plaintiffs.
In addition, when one reckons that those who claim to have been assaulted or raped by Weinstein did not go to the police immediately after their ordeal when forensic evidence was fresh and may still have been gathered, and that many of these plaintiffs continued to seek out Weinstein’s company with letters of affection and adulation years after the events in question, the issue begins to grow clouded.
As The Washington Free Beacon reports in considerable detail, these prodigies of adoration were legion and, for that matter, were not confined only to women. Men also liked to flaunt their brotherly admiration for their great friend and benefactor. They too have conveniently joined the chorus of denunciation against their former patron and promoter, or have tactfully remained silent.
But in a culture obsessed with sex and the myth of female guilelessness, it is the women who are regarded as oracles. Their charges resonate in the courtroom, yet these consist of circumstantial depositions that are seriously compromised. Moreover, multiple attestations and what is called similar fact evidence (or “criminal propensity” arguments) provided by corroborative witnesses who are not part of the actual criminal case are, at best, only differentially admissible and do not rise to the level of “beyond a reasonable doubt.” Indeed, “similar fact” (sometimes known as “similar act”) remains controversial and is highly problematic. Spencer v. Texas (1967) established that such evidence “would violate the Due Process Clause.”