How we stop all tomorrow’s Harveys

By now, everyone has learned that many women have been subject to sexual harassment, sexual abuse or actual rape over the years, often by men in positions of power. The names Ailes, Cosby, O’Reilly and now Weinstein have become synonymous with these crimes.

But because the names are famous ones and the industries in which they took place are, to most of us, exotic, ordinary Americans are at risk of failing to learn the necessary lessons.

First, we need everyone to understand and embrace the concept of bystander intervention. This is an approach which helps prevent further violence or sexual abuse — or any crime — by having third parties who are not themselves victims report the conduct and assist those who are victims.

A “me too” campaign raising awareness is fine, but it’s after the fact. We need to nip the criminal conduct in the bud in real time to assure that it will not continue, as well as to assist the victim herself. Had bystanders intervened years ago in the Weinstein case and exposed his criminal conduct, many women would have been spared and a sexual predator emasculated.

Second, we must renew our efforts to extend statutes of limitations for sexual assault and harassment at all levels so that victims of even minor non-consensual sexual conduct can have their day in court.

For too long, states like New York have had the powerful lobbying forces of the church and insurance companies — and the teachers’ union in schools — prevent reforms in this critical area. Clearly the church has every motivation to hide or minimize its disgraceful history of sexual abuse, still minimally acknowledged, and insurance companies have their own dollar motivations.

We all now know that victims of sex crimes are often so traumatized that they may never report the crime or may be unable to speak about it for years. While some states have made progress in this area, New York is one of the worst offenders.

Third, companies should all institute mandatory training concerning sexual harassment and abuse for every employee on an annual basis — and require meaningful reporting of such conduct by victims or third parties.

This reporting must be to an independent party, such as outside counsel, since most human resources departments seem to have failed miserably in this role. Too often they have seen their first duty as quashing complaints, threatening the victim, hiding the conduct, protecting the abuser and the company, or, worst-case scenario, paying victims off to shut up.

Any person whose conduct has been unethical or criminal should be removed from his position or even the company after a fair investigation.

Finally, we must never forget the sad and troubled history of sex crimes in this country, the legacy of which haunts us to this day.

We have been fighting for fair and equal treatment of sex crimes victims for well over 40 years. For many years, rape was a crime almost impossible to prosecute because of onerous corroboration requirements that meant that every element of a rape had to have extra evidence before it could proceed in the criminal justice system; the victim’s sworn testimony was not enough.

Other crimes had no such requirements. It took years to change these laws.

In addition, as rape victims learned, they were likely to be revicitimized in the courtroom by unfair cross-examination, which exposed every detail of every prior sex act in which they had participated, acts having nothing to do with the defendant or the trial. They were put on trial and humiliated, traumatized once again.

We have come a long way in this field as we now have trained police, prosecutors and professionals who have learned how to investigate and try these crimes and to support the victims.

But due to that legacy of prejudice, bias against sex crimes victims persists. Recently a male friend served on a grand jury in Manhattan. When a sex-crimes case was presented, two male grand jurors wanted to know why the alleged victim was dressed in a mini skirt and spike heels and why she was in a bar late at night.

My friend immediately objected and took them to task, but it still happened. We should not be surprised that many women still fear reporting these crimes and fear that powerful men will continue to take advantage of their power unscathed and unpunished. The only way this will change is by all of us speaking out.