Zelda Perkins
Did I break my Weinstein NDA for nothing?
‘Ican’t do anything. I don’t matter. The system has failed me. I’m at a loss. I wish I could have done more for the other women who have yet to come forward, who have been too scared. I feel like we have failed.” These are the heartbreaking words of Zoe Brock, a 45-year-old model and part of the civil lawsuit against Harvey Weinstein, filed by dozens of actors and ex-employees who have accused the movie mogul of sexual misconduct (which he strenuously denies). Last week, after years of wrangling, they reached a tentative $25 million (£18.6 million) settlement.
But to my mind it is not “compensation”; it doesn’t involve Weinstein admitting any wrongdoing, and none of the money will come out of his own pocket. It will be paid by insurers, with approximately $12 million going straight to Weinstein’s lawyers and creditors, which can then be used to fund the fight against any women who choose to hold out. Those who accept the settlement will receive varying amounts, with the maximum payout being only $400,000. This is not just insulting, it’s immoral.
Like Zoe, I am utterly devastated. I was one of the first to break my Non-Disclosure Agreement (NDA) with Weinstein two years ago, at the dawn of the MeToo movement. After two decades of silence, I felt I had to speak up and draw attention to the darker truth of this story – that it is lawyers, managers and HR departments who are enabling men in positions of power to abuse women, and then the system.
Because of the horrific tidal wave of allegations against Weinstein, I felt I had no choice but to break my NDA (even writing this, I am in violation of it). I believed the risk would be worth it. I’m still glad I did, but am now heartbroken that it has changed nothing. This “deal” is the proof. Yet again, women are being silenced. Power is buying justice. We’re back to square one.
When I was a young assistant to Weinstein at Miramax in London, 22 years ago, my own assistant, Rowena Chui, came to me alleging that he had sexually assaulted and tried to rape her. I confronted Weinstein and reported the incident to my direct senior – a woman – whose only advice was to go to a lawyer.
So Rowena and I did, naively expecting justice through the criminal courts. But it was quickly made clear to us that Weinstein was too powerful and that our only effective recourse was to enter into a damages settlement – unless we wanted our lives, and those of our families, torn apart.
We were adamant that no money should change hands. But to even negotiate, we were told, a financial demand would be essential. As we understood it, making a contractual agreement was our only hope of stopping Weinstein; putting strict rules in place to protect others in the future. These included that he go to therapy, not travel with female assistants, and be fired should he ever try to enact another settlement.
When our lawyers suggested we were entitled to a year’s salary, it seemed too insignificant given the gravity of what we were dealing with, so we fought for it to be raised to £250,000. We thought this would prove his guilt. But due to the NDA, we weren’t allowed to discuss it with family, friends, each other, the police or even a therapist. I was not even allowed a copy of the document that has controlled me ever since.
That’s why last week’s settlement feels like history repeating itself. The women involved in the civil suit
Yet again women are being silenced. Power is buying justice. We are back to square one
have been told by lawyers to take the money or risk getting nothing at all, as Weinstein is pleading bankruptcy. But the majority of the payout will go straight to those lawyers, who are incentivised to settle not just so their fees get paid, but because they get a cut of their clients’ compensation. Two years after the MeToo movement began, nothing has changed.
There will be those who look at this settlement and think these women were only ever in it for a payout. Others will imagine it points to Weinstein’s innocence. But it’s absolutely clear to me that none of them came forward because of money. Many would have preferred to press criminal charges, but their cases fall outside the statute of limitations for doing so.
Financial redress is the only route open to them and nobody has the right to say they don’t deserve it for what they’ve endured: ruined careers, health issues and the impact of public exposure – something
I know all too well.
Nor does it take into account the decades of trauma. My colleague tried to take her own life twice – something she has only recently felt able to admit.
I am close to some of the women w in the lawsuit, and I know the real reasons they are settling: because they’ve been bullied. Devastated, drained and fed up of being on o public trial, they just want w it over.
There is also a sense of being bound involuntarily together. Katherine K Kendall, 50, an actress who has accused Weinstein of chasing her around his apartment naked in 1993, has said that she only agreed to the deal to avoid blocking other women in need from receiving compensation. “I don’t love it, but I don’t know how to go after him. I don’t know what I can do,” she said.
The day I chose to support Rowena was the day I lost my career. After signing the NDA, I couldn’t find another job in film and, tired of having to lie in job interviews about why I’d left, I moved to Central America for five years. I have lived with it every single day for 22 years – and I’m not even one of those assaulted by Weinstein.
It’s why I will continue to campaign for legislative change in the UK. I don’t believe NDAs should be used in the workplace to cover up inappropriate behaviour, repeat offending or potentially criminal acts and I’m working with the Government’s Women and Equalities Committee to make sure it ends. I believe it will, given more time.
One part of me hopes that last week’s settlement falls apart, which it could if enough women dissent. That’s a hard thing to say, because some are friends and have been waiting years to find peace. But they deserve so much more. In January, Weinstein’s criminal trial is due to begin in New York, although he has pleaded not guilty to allegations of sexually assaulting two women in 2006 and 2013. Depending on the outcome, the women in the civil suit could then boost their compensation.
But I fear there may not be a guilty verdict. As Zoe Brock said: “I live in a worst-case scenario at this point, because the worst-case scenario keeps happening. I have to imagine he’ll get off and make a comeback.”
I know how she feels. We’re all nervous about what will happen. Not just for the 80-odd women who have spoken out, but because this is the case that sparked a movement and continues to give women the strength to report abuses of power.
We can’t let MeToo be reduced to a moment of mass hysteria; the system that enables these abuses must change – for all the women speaking out now, and for generations to come.