Jeff Herman is a trial lawyer for survivors of rape and sexual abuse. Herman Law has dedicated its practice to helping these victims empower themselves through the legal process. For over a decade, Herman has made national headlines exposing sexual predators and the institutions that protect them.
In 2013, Jeff Herman was named “Child Advocate of the Year” by KidSafe Foundation during their 4th Annual Fundraiser. Jeff Herman has been referred to in the media as the “Dark Knight”, fighting for the most vulnerable victims. Herman has also been referred to as the “legal eagle” and the “Go-To-Guy” for sexual abuse lawsuits.
In a recent article by Jeff Herman, Jeff Herman Weighs in on Harvey Weinstein and Civil Court Litigation, he explains the legal process of civil court and how it may pertain to the Harvey Weinstein Case.
In a criminal case, such as the one Harvey Weinstein was indicted on, prosecutors must prove beyond a reasonable doubt that a sex crime occurred. In a criminal case the defendant is innocent until proven guilty. It is then up to the state to provide enough evidence for a jury to find the defendant guilty of the crime they are accused of. In cases that involve sex crimes providing enough evidence to prove a crime took place can be difficult. If a guilty verdict is passed down by the court then the defendant would, at that point, be considered a criminal and be sent to prison or be placed on probation. According to Jeff Herman, because of the way our legal system works, once a jury has found that a defendant is not guilty, they cannot be tried again for the same crime. However, if a guilty verdict is not reached there is still a recourse with a civil court case.
If Harvey Weinstein is somehow acquitted in his criminal case his accusers can still take him to civil court. Civil court cases can be easier to prosecute because the burden of proof is then placed on the defendant. The defendant now must provide enough evidence to prove that they are not liable for what they are being accused of. When someone is found liable in civil court they are ordered to pay the victim a sum of money as punishment. As with the Harvey Weinstein case, when the defendant is famous or has money this can work in favor of the victim. Many times this is the only way a victim of a sex crimes gets justice. See This Page to learn more about his other exploits in court.