For survivor advocates, Diddy verdict is ‘a huge setback' as accused artists prep comebacks
'I think this is a travesty,' Hersh said. 'It shows there is culturally a deep misunderstanding of what sex trafficking is and the complexity of coercion. So often in these cases, there's an intertwining of horrific violence and affection.'
Hersh, the former chief of the sex trafficking unit at the Kings County district attorney's office in Brooklyn, said that Combs' verdict — guilty on two charges of transportation to engage in prostitution but acquitted on one for racketeering and two for sex trafficking — is a mixed message about Combs' conduct. But it will likely be felt as a step backward for the movement to hold powerful men to account for alleged sex crimes.
In a cultural moment when other music stars like Marilyn Manson and Chris Brown have mounted successful comebacks after high-profile abuse investigations and lawsuits, Hersh worries the Diddy verdict may deter prosecutors from pursuing similar cases against powerful men and chill the MeToo movement's ability to seek justice for abuse victims.
'It's a huge setback, especially in this moment when the powerful have continuously operated with impunity,' Hersh said. 'It sends a signal to victims that despite the MeToo movement, we're still not there in believing victims and understanding the context of exploitation. But I'm hoping it's a teachable moment to connect the dots with what trafficking is and understanding the complexity of coercion.'
The charges against Combs were not a referendum on whether he had abused Ventura or the myriad other women and men involved in his 'freak-off' parties, where group sex and drug use intertwined into an allegedly decadent and violent culture around Combs.
Combs' defense team freely admitted that his relationship with Ventura was violent, as seen in an infamous 2016 videotape of Combs beating Ventura in an elevator lobby at the InterContinental hotel in Los Angeles. Marc Agnifilo, one of Combs' lawyers, said in closing arguments that Combs has a drug problem but described his relationship with Ventura as a 'modern love story' in which the hip-hop mogul 'owns the domestic violence' that plagued it.
'The defendant embraced the fact that he was a habitual drug user who regularly engaged in domestic abuse,' federal prosecutors wrote in a hearing about Combs' possible bail terms.
The jury decided that Combs' conduct, however reprehensible, did not amount beyond a reasonable doubt to a criminal racketeering organization or sex trafficking. Yet the case's impact on movements within music and other industries to hold abusers to account is uncertain.
Many civil suits against the music mogul are still moving through court and could affect his depleted finances. Combs' reputation has been thoroughly tainted by the lurid details of the trial and strong condemnations from his many accusers.
Still, for victim advocates, the verdict was a bitter disappointment.
Reactions within the music world were swift and despairing. 'This makes me physically ill,' said Aubrey O'Day of Danity Kane, the band Diddy assembled on his popular reality TV show 'Making the Band,' on social media. 'Cassie probably feels so horrible. Ugh, I'm gonna vomit.'
'Cassie, I believe you. I love you. Your strength is a beacon for every survivor,' wrote singer Kesha, who in 2014 sued producer Dr. Luke, accusing him of assault. Kesha has frequently altered the lyrics of her hit single 'TikTok' in performances to lambast Combs.
Even longtime Diddy antagonist 50 Cent seemed to acknowledge his partial victory. 'Diddy beat the feds that boy a bad man,' 50 Cent wrote on Instagram, before referencing a famous mobster notorious for evading convictions. 'Beat the RICO he the gay John Gotti.'
Mitchell Epner, a former assistant U.S. attorney in New Jersey who prosecuted numerous sex trafficking and involuntary servitude cases, said that despite some recent high-profile sex trafficking cases that ended in convictions, Combs' charges were never going to be easy to prove.
'In recent years, we've seen prosecutions of Ghislaine Maxwell in the Jeffrey Epstein case, Keith Raniere of NXIVM and R. Kelly, where they are trafficking in order to feed the traffickers' sexual desire,' Epner said. 'But this indictment was all about Sean Combs sharing women with people he was paying. He wasn't receiving money, he wanted to be a voyeur. That technically fits the definition of sex trafficking, but it wasn't the primary evil Congress was thinking about.'
The hurdles for accusers to come forward with claims against powerful men, and for juries to discern between transgressive sexual relationships and criminally liable abuse beyond a reasonable doubt, make such cases difficult to prosecute.
In the absence of convictions, some recently accused artists have already mounted successful comebacks.
Shock-rocker Marilyn Manson had been under investigation by the Los Angeles County Sheriff's Department since 2021, when several women accused him of rape and abuse including 'Westworld' actor Evan Rachel Wood and 'Game of Thrones' actor Esmé Bianco.
Dist. Atty. Nathan Hochman said in January that the statute of limitations had run out on Manson's domestic violence allegations, and that prosecutors doubted they could prove rape charges.
'While we are unable to bring charges in this matter,' Hochman said in a statement then, 'we recognize that the strong advocacy of the women involved has helped bring greater awareness to the challenges faced by survivors of domestic abuse and sexual assault.'
Bianco told The Times that, 'Within our toxic culture of victim blaming, a lack of understanding of coercive control, the complex nature of sexual assault within intimate partnerships, and statutes of limitations that do not support the realities of healing, prosecutions face an oftentimes insurmountable hurdle. Once again, our justice system has failed survivors.'
Manson has denied all claims against him. He has since released a new album and mounted successful tours.
Meanwhile, R&B singer Chris Brown was recently the subject of 'Chris Brown: A History of Violence,' a 2024 documentary that shed new light on a 2022 lawsuit where a woman accused Brown of raping her on a yacht owned by Combs in 2020.
That lawsuit — one of many civil and criminal claims made against Brown over the years, beginning with the infamous 2009 incident in which he assaulted his then-girlfriend Rihanna — was dismissed. In 2020, Brown settled another sexual assault lawsuit regarding an alleged 2017 incident at the singer's home. Brown currently faces criminal charges around a 2023 incident where he allegedly assaulted a music producer with a tequila bottle in a London nightclub.
Brown denied the claims in the documentary, and his attorneys called the film 'defamatory.' He sued Warner Bros. Entertainment for $500 million. He is currently on a stadium tour that will stop at SoFi Stadium in Inglewood in September.
Combs, meanwhile, may still face a range of criminal and civil consequences. He could be sentenced from anywhere up to the maximum of 10 years apiece on each prostitution charge, or to a far lesser sentence. Some experts said it's possible he may be sentenced to time served and walk away a free man soon.
Though it's too soon to know what kind of future awaits Combs should he return to public life, it's hard to imagine a return to the heights of influence that defined his '90s tenure at Bad Boy Entertainment, or his affable multimedia-mogul personality in the 2000s. A fate similar to the former hip-hop mogul Russell Simmons seems most likely — reputationally tarnished and culturally irrelevant.
Still, his supporters thronged outside the New York courtroom waving bottles of baby oil — an infamous detail of the trial — in a pseudo-ironic celebration of his acquittal on the most serious charges.
If Combs wants to ever return to music, he'll have at least one ally in Ye, the embattled Nazi-supporting rapper who showed up in court to bolster Combs. Ye featured the incarcerated mogul on his song 'Lonely Roads Still Go to Sunshine,' and released clothing featuring the logo of Combs' old fashion label Sean John.
President Trump, another convicted felon and alleged sexual assailant who quickly returned to the heights of power, has said he is open to pardoning Combs. 'It's not a popularity contest,' he has said, regarding a Combs pardon. 'I would certainly look at the facts if I think somebody was mistreated.'
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