为何哈维·温斯坦可以逍遥法外如此之久？ [美国媒体]

How Harvey Weinstein got away with it for so long

为何哈维·温斯坦可以逍遥法外如此之久？



WASHINGTON — How did he get away with it for so long?

华盛顿——他是如何逍遥法外这么长时间的？

It is the vexing question at the heart of the Harvey Weinstein story.

温斯坦事件的核心问题是令人苦恼的。

The answer is simple and depressing: Nearly half a century after the start of rape law reforms pushed by second wave feminists and 31 years after the Supreme Court ruled that sexual harassment was a form of workplace discrimination prohibited by the 1964 Civil Rights Act, the legal system continues to struggle to provide justice for women who have been raped or otherwise sexually assaulted, except in the most extreme circumstances.

答案很简单，也令人沮丧：近半个世纪前，第二次女权主义浪潮推动了强奸法律的改革，31年前，最高法院裁定性骚扰是一种工作场合的歧视——这种歧视被1964年的民权法案所禁止。然而种种措施之下，美国法律系统在为被性侵的女性提供正义时依然面对着很大困难——正义得到伸张的只是极少数例外。

“Law & Order: Special Victims Unit” may have been inspired by the real-life New York City sex crimes unit, but the real-life odds that a woman who has been sexually assaulted will ever see the inside of a courtroom are low. On television, half the drama is accused criminals being held to account by prosecutors; in real life, most sex crimes never make it before a judge or jury, or even get to the point of an arrest.

《法律与秩序：特别受害者》(美剧)的灵感可能源自纽约市的现实生活中的性犯罪，然而在现实中，被侵犯的女性真正能走进法庭的几率很低。在电视里，一半的剧情在讲述检察官指控嫌犯；在现实中，大多数性犯罪都没有面对审判，甚至连逮捕都没有。

This fact — complainants take on significant personal risks to their reputation and emotional well-being with only a small chance that their accused attacker will be prosecuted, let alone convicted — is among the reasons many women do not report sexual assaults, including rape, to police.

原告承担着巨大的名誉风险和心理负担，然而被告只有很小的几率被起诉，更不用说被定罪了——这一事实是许多女性没有向警方报告遭侵犯的原因——包括强奸。

Only one woman is known to have lodged a formal criminal complaint against Weinstein before the recent revelations, just as one woman reported Bill Cosby to police. Both saw their cases dismissed by prosecutors as unwinnable. In this, their experience is the rule, not the exception.

在这次爆料之前，只有一名女性向温斯坦提起了正式刑事诉讼，正如只有一名女性向警方告发了比尔·科斯比(美国演员)一样。但两人的案件都被检察官驳回了。

Not every city has published a comprehensive look at how cases are handled in their jurisdictions. But those that have paint a startling portrait of how sex crimes are handled.

不是每个城市都公布了其司法系统运作方式，但一些数据能让我们一窥性犯罪的处理情况。

In Washington D.C., for example, only 10.3 percent of sex crime complaints received by police were prosecuted in 2015, and only 1.2 percent of the complaints led to guilty verdicts, according to a report prepared for the mayor’s office in 2016. There were 1,177 reports of adult sexual assault or crimes with a sexual element made to police — but just 14 guilty verdicts.

以华盛顿特区为例，2015年，警方接到性犯罪投诉中只有10.3%被起诉，而只有1.2%的投诉最终被判有罪，根据市政厅2016年一份报告，警方共收到1177起成人性侵犯或性犯罪报告——但只有14例被裁决有罪。

Another 4.4 percent of cases, 52 of the 1,177, were settled by plea bargains.

案例中另外4.4%——1177例中的52例，通过辩诉交易的方式处理。
(辩诉交易：美国特色司法制度，控诉方与被告方讨价还价，被告方以认罪换取撤销部分指控、减轻处罚等。)

Nearly half the reports were not even classified as crimes by police or forwarded to prosecutors. Of the remaining 671 cases, only 189 involved arrests, and just 124 of those saw prosecutors move the case forward post-arrest.

近一半的报告甚至没有被警方定为犯罪，更没有被移交检察官。在剩下的671起案件中，只有189人被逮捕，而其中124人在逮捕后被正式起诉。

That finding came on the heels of a 2011 investigation of the New Orleans Police Department by the Justice Department that found it “systematically misclassified large numbers of possible sexual assaults, resulting in a sweeping failure to properly investigate many potential cases of rape, attempted rape, and other sex crimes.”

2011年，美国司法部对新奥尔良警察局展开一项调查，结果发现该部门存在“大量系统性的案件错误分类，导致没有正确调查许多可能的强奸、强奸未遂和其他性犯罪案件。”

Nationally, the fraction of rape cases cleared by police was 36.5 percent in 2016, according to the FBI. That doesn’t mean the cases in question resulted in a conviction or guilty plea — only that the police, in most instances, made an arrest and handed the case over to prosecutors.

根据美国联邦调查局的数据，在全美范围内，2016年，强奸案的结案比例为36.5%。但这并不意味着这些案件的结果是定罪或认罪——在大多数情况下，警察的结案标准是逮捕并将案件移交给检察官。

In Los Angeles, a 2012 Justice Department-funded study found a low prosecution rate and that the vast majority of allegations of rape reported to police did not end with the conviction of a defendant.

在洛杉矶，2012年司法部资助的一项研究发现起诉率相当低，且绝大多数指控都没有被定罪。

“We found that there is substantial attrition in sexual assault cases” presented to the Los Angeles Police Department and the Los Angeles Sherriff’s Department, the report concluded. “Among cases reported to the LAPD, only one in nine was cleared by arrest, fewer than one in ten resulted in the filing of charges, and only one in thirteen resulted in a conviction.”

报告总结道：“我们发现，在洛杉矶警方接到的大量性侵犯案件报告中，只有九分之一的人被逮捕，不到十分之一的人被起诉，十三分之一的人被定罪。”

The most easily prosecuted cases, in D.C. and around the country, are stranger rapes involving weapons, injuries, and the rapid reporting of the assault to police. Cases of groping and non-penetrative sexual assault involving people who know each other — especially when they are not reported immediately to police — are less likely to be resolved by the legal system, except in the favor of the accused when police or prosecutors decline to act.

在华盛顿和全国范围内，最容易被起诉的性犯罪是涉及武器、伤害、迅速报警的陌生人强奸案。而性骚扰、非性行为的、熟人间的——尤其是不是立即报警时——不太可能被法律系统解决。 

“In California, it’s sexual battery if it’s touching of the buttocks or sexual organs or breasts,” Los Angeles lawyer Karl Gerber, an experienced sexual-harassment litigator, told New York magazine’s Vulture site, discussing the Weinstein cases. “So that kind of stuff, somebody could be criminally prosecuted for. But it’s very, very rare that they go after these people criminally. I’ve had a lot of oral copulation cases, rape cases. I’ve never seen them get prosecuted. I’ve represented a lot of women that have been raped and they don’t even pursue that if it’s a workplace thing.”

洛杉矶律师卡尔·格伯在接受《纽约杂志》：“在加州，触碰臀部、性器官或乳房属于性暴力。这种事情可能会被起诉。但真正被定罪的少之又少。我接过很多口交、强奸的案子，没有一件被起诉的。我代理了很多被强奸的女性，如果涉及到工作场合的话，她们甚至自己都愿意推动诉讼。

In her experience with the office of Manhattan District Attorney Cyrus Vance, Italian model Ambra Battilana Gutierrez met a justice system that rarely takes up complaints like the one she put forward in 2015 against Weinstein. Her experience in going to the police with a complaint that she was sexually assaulted and then having her case stall is more the rule than the exception.

在与曼哈顿区检察官赛勒斯·万斯打交道的过程中，意大利模特安布拉·巴蒂拉娜·古铁雷斯发现她面对的司法系统，很少接受她在2015年对温斯顿提出的那样的诉讼。她去警察局投诉自己遭到了性侵，但她的案件被一再拖延。

“If we could have prosecuted Harvey Weinstein in 2015, we would have,” said Karen Friedman Agnifilo, the chief assistant district attorney for Manhattan, in a statement. She blamed the New York Police Department for failing to involve the Sex Crimes Unit in setting up the meeting between Weinstein and the model, who was recording him, so that prosecutors could obtain “what was necessary to capture in order to prove a misdemeanor sex crime.”

“如果我们能在2015年起诉哈维·温斯坦，我们早就这么做了，”曼哈顿首席助理检察官卡伦·弗里德曼·阿格尼菲罗在一份声明中说。

“While the recording is horrifying to listen to, what emerged from the recording was insufficient to prove a crime under New York law,” she said.

她说:“虽然原告的录音听起来骇人惊闻，但在纽约法律下，录音中的内容不足以证明犯罪行为。”

Meanwhile, Gutierrez’s name and face were splashed on the cover of the New York Post and her reputation dragged through the mud.

与此同时，古铁雷斯的名字和照片充斥在纽约媒体上，她的名声大受影响。

“Most rapes and sexual assaults against females were not reported to the police,” concluded the federal Bureau of Justice Statistics in an analysis of the question. “Thirty-six percent of rapes, 34 percent of attempted rapes, and 26 percent of sexual assaults were reported to police, 1992-2000.”

“大多数受侵害的女性都没有报警，”联邦司法统计局在对这个问题的分析中得出结论。“1992年至2000年间，只有36%的强奸、34%的强奸未遂和26%的性侵犯被报告给警方。”

Fear of retaliation and lack of faith in the police were the top two reasons women gave for not reporting their assaults, according to the Rape, Abuse & Incest National Network, a prominent anti-sexual violence advocacy organization.

根据“强奸、虐待与乱伦全美组织”(一个着名的反性暴力宣传组织)的说法，害怕报复和对警方缺乏信心是女性不报警两个原因。

Another is the elaborate system of payoffs and nondisclosure agreements that Weinstein entered into to keep accusations out of the public eye.

另一个原因是，为了让罪行不被曝光，温斯坦制定了复杂详尽的薪酬制度和保密协议。

Actress Rose McGowan in 1997 entered into a $100,000 settlement with Weinstein after an incident in a hotel room in Sundance when she was 23 years old. This week, she broke whatever nondisclosure agreement she may have signed and openly accused Weinstein of rape on Twitter. She is one of at least four women to accuse him of rape in the past week, as the number accusing him of all types of sexual assaults has grown by the day.

女演员萝丝·麦高恩1997年与温斯坦签订了10万美元的和解协议，当时她23岁。本周，她打破了协议中可能包括的保密条款，公开在推特上指责温斯坦强奸她。过去一周，至少有四名女性指控他强奸，对他的指控日益增加。

“Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein,” a spokesperson for Weinstein said.

温斯坦一位发言人说:“温斯坦坚决否认任何非自愿性行为的指控。”

As the number of women telling stories about Weinstein has mushroomed, the court of public opinion has turned decisively against him. He was fired from the company he built and helmed, and expelled from the Oscar-selecting Motion Picture Academy. As one-time collaborators and allies flee from any project he’s associated with, the future existence of the Weinstein Company itself looks uncertain.

但随着揭发温斯坦的女性迅速增多，公众舆论对他的态度变得坚决起来。他被他创建的公司解雇了，被开除出了评审奥斯卡奖的电影艺术与科学学院奖。由于曾经的合作伙伴和盟友逃离了所有与他相关的项目，温斯坦公司的未来还很难说。

At the same time, it’s early days of the scandal, and many men who have been accused of sexual assaults or improprieties with underlings in recent decades have been able to make comebacks or gone on to success in new arenas after disappearing from the public eye for a period.

但与此同时，一切还言之过早——近几十年里，许多被指控性侵犯过下属或有不当行为的男性，在从公众视线中消失了一段时间后，又能重新回归，或在新的领域取得成功。

Sen. Bob Packwood was drummed out of office in 1995, more than two years after 24 women accused him of making unwanted advances or other sexual misconduct; Politico reported he found “redemption” and success as a Washington lobbyist. Arnold Schwarzenegger was elected governor of California despite a 2003 Los Angeles Times report that he groped at least six women. Clarence Thomas was confirmed as justice of the United States Supreme Court in 1991 after allegations he sexually harassed Anita Hill, covered at the time as a “he said, she said” story. Bill Clinton was able to rally Democrats in the 1998 midterm elections after his affair with former White House intern Monica Lewinsky became public, and amid a sexual harassment suit from Paula Jones that was a major news story during the election year. He eventually settled the case for $850,000, and in 2014 ranked as the most admired president of the past 25 years. Donald Trump was elected president of the United States after videotape surfaced showing him boasting about grabbing women “by the p****,” along with accusations of inappropriate sexual contact by more than a dozen women speaking on the record.

1995年，在被24名女性指控不当行为后，参议员鲍勃·帕克伍德被轰下了台，然而两年多后，《政治日报》报道称，他找到了“救赎”，成功当了一名华盛顿说客。尽管2003年《洛杉矶时报》报道称阿诺德·施瓦辛格猥亵了至少六名女性，他依然成功当选加州州长。1991年，在被控对安妮塔·希尔性骚扰后，克拉伦斯·托马斯当选美国最高法院大法官。1998年，在与前白宫实习生莫尼卡·莱温斯基的韵事曝光后，比尔·克林顿在中期选举带领民主党获胜，并在2014年被评为过去25年来最受尊敬的总统。唐纳德·特朗普被选为美国总统，尽管此前有录像显示，他吹嘘自己摸女性的XX，以及十几名女性指控他不正当接触。



参议员派克伍德；阿诺德施瓦辛格；大法官克拉伦斯·托马斯

And even men who are drummed out of public life and find their reputations in tatters on because of the breadth and extent of charges publicly made against them, like Cosby, they can nonetheless successfully fight it out in the formal legal system. When he was brought before a jury on an accusation of aggravated indecent assault in 2017, Cosby’s case ended not with a guilty verdict but with a jury so deadlocked the judge had to declare a mistrial. The accuser in the case, Andrea Constant, had initially filed a police complaint against Cosby in 2005, but her case was one of many prosecutors did not go forward with that year.

甚至是那些被赶出公众视野、声名狼藉的人，也可以凭借法律体系成功逃脱诉讼。例如考斯比，2017年针对他的严重猥亵罪指控起初被判无罪，但由于陪审团的坚持，法官不得不宣布判决无效。本案的原告，安得莉亚·康斯坦特，最初提起诉讼是在2005年，然而她的诉讼只是当年没有进一步处理的众多诉讼之一。

Police in New York and London say they are reviewing their case files for additional reports about Weinstein, and the NYPD is reportedly looking into a just-filed complaint from a former actress and college student that Weinstein forced her to perform oral sex on him in 2004. But given how few sexual assault cases ever lead to convictions — not to mention Weinstein’s formidable resources, likely top-notch legal team and the length of time that has elapsed since the incidents — the American criminal justice system is likely to be the least of Weinstein’s problems in the months ahead.

纽约和伦敦(美国有一堆伦敦)警方说，他们正在审查关于温斯坦案件档案。据报道，纽约警察局正在调查一名前女演员和大学生的投诉。但鉴于性侵犯案件的定罪率如此之低——更不用说温斯坦强大的资源，例如一流的律师团队，以及事件已经过去很久——相比其它麻烦，温斯坦接下来几个月最不需要担心的可能就是美国刑事司法系统了。



GRJ7 days ago
How he got away with it for so long? He's a big Dem donor and leader of the Hollywood left. No mystery.

他是如何逍遥法外这么久的？因为他是民主党的一个大金主，好莱坞左翼领袖。没什么秘密可言。

Mr. Opine7 days ago
You don't want to offend the liberals and their hero Harvey Weinstein!!! Remember, Michelle Obama praises Harvey Weinstein as a “wonderful human being.” He donated large sums of money to both the Clintons and Obama, gave over $1 million to the Clinton Foundation, and he also donated to Bill Clinton’s legal defense fund in the 1990s. The Obamas and Clintons should also explain, since it's being reported that it was no secret in Hollywood and Washington, Weinstein's debauchery and abuse of women, why would Michele and Barack send her eldest daughter, Malia Obama, to worked as an intern for Weinstein this year? Why would The Clintons rent a home next to Weinstein in the Hamptons in 2015, while Weinstein served as a connector between Hollywood stars and Hillary Clinton’s 2016 campaign? It is the blatant hypocrisy of the left, their disgusting, condescending, elitist, Hollywood debauchery and the subsequent collusive, deceptive, cover up of it that is rampant throughout the Democratic Party!!!

你惹不起自由主义者和他们的英雄哈维·温斯坦！！！记住，米歇尔·奥巴马称赞他是一个“美好的人”。他给克林顿和奥巴马捐赠了大笔资金，向克林顿基金会捐赠了超过100万美元，90年代还捐钱给给比尔·克林顿的法律辩护基金。据报道，温斯坦的放荡和对女人的虐待在好莱坞和华盛顿都不算秘密，那么奥巴马夫妇应该解释一下，他俩今年为何要让他们的大女儿玛丽亚·奥巴马去做温斯坦的实习生？2015年克林顿夫妇为何要在温斯坦家旁边租一套房子，以期望温斯坦拉拢好莱坞明星？这是左派明目张胆的伪善，他们令人厌恶的、居高临下的、精英主义的、好莱坞式的堕落放荡。

Fulanito7 days ago
The Democratic Party politicians and the liberal media protected him. This allowed the continuation of the rape/sexual battery to go on for over 30 years.

民主党的政客和自由主义媒体保护了他，使这些性暴力得以持续超过30年。

Bev7 days ago
He got away with it because of a bunch of gutless littel pansies who felt their career was more important than their self worth and self esteem. Let's be honest here. None of these women are heroes for coming forward 5, 10, 20 years later.

他之所以能逍遥法外，因为一群懦弱的小姑娘觉得她们的事业比自尊更重要。话摆在这里，这些女的不会成为“英雄”的。

Michael7 days ago
Within a decade Hollywood will be giving Weinstein a standing ovation at an awards ceremony (aka Roman Polanski), the only thing that Weinstein could do to have Hollywood forever turn their back on him is if he became a pro-life conservative (this is much worse than sexual abuse in most liberals' minds)

十年之内，好莱坞将在温斯坦的颁奖典礼上起立鼓掌(还有波兰斯基)，唯一能让好莱坞永远抛弃温斯顿的事儿，就是他变成了一个反堕胎的保守派(在自由主义者的心中，这比性虐待严重多了)。

Bear Fan7 days ago
The answer in 4 words. "He is a Liberal."

答案四个字：“自由主义。”

penny7 days ago
There were many people who helped him hide it and lie for him.........

很多人为其开脱，为其撒谎……

Tall Timber7 days ago
Harvey got away with it because 99.9% of Hollywood are perv's just like him. Well, at least he wasn't getting serviced in the Oval office like scummy perv's like Billy Clinton.

逍遥法外？那是因为好莱坞99.9%的人都是像他一样的堕落者。好吧，最起码他没像比尔·克林顿那个渣滓一样，在总统办公室寻欢。

Sweeney Todd7 days ago
Easy, the women were willing to put up with this for gain.. The biggest prostitution story of the year.

很简单，女人们心甘情愿。这是今年最大的卖淫故事。

S7 days ago
Look at Roman Polanski. He CONFESSED to child rape, and has managed to avoid jail for 40 years. He's an award winning Hollywood darling. Harvey's crimes pale in comparison.

看看罗曼·波兰斯基吧。他承认强奸了儿童，但成功逃避了40年的牢狱之灾。他如今是一个广受赞誉的好莱坞宠儿。相比之下，温斯坦的罪行是小巫见大巫。

Bill7 days ago
Hillary Clinton expressed shock and surprise (as well as righteous outrage) over the allegations against her dear friend and major campaign contributor, Harvey Weinstein. Why she "had no idea." Ha ha. The great self-proclaimed "advocate for woman's rights.:" Hillary Rotten Clinton.

希拉里•克林顿对针对她亲爱的朋友、主要的竞选金主哈维•温斯坦的指控表示震惊和惊讶(还有义愤)。哈哈，她竟然表示“不知情”，伟大的、自封为“妇女权利倡导者”的——希拉里·烂货·克林顿。