“It’s a smoking gun.” That’s how Robert Fox Ltd theater producer Zelda Perkins described the non-disclosure agreement she signed in 1998, after stepping down as Harvey Weinstein’s assistant at Miramax. In an interview with “BBC Newsnight’s” Emily Maitlis, Perkins revealed that Weinstein tried to rape her colleague at the Venice Film Festival. Following the attack, Perkins and her colleague soon discovered that the justice system wasn’t on their side.
“The lawyers made it very clear that we didn’t have very many options,” Perkins remembered. She and her co-worker had not gone to the police in Venice and possessed no physical evidence of the attempted rape. “Ultimately, it would be two under-25-year-old women’s words against Harvey Weinstein, Miramax Film Corporation, and, essentially, the Disney Company,” she continued.
Basically, Perkins and her friend were backed into a corner. There would be no consequences for Weinstein if they spoke out. Only a monetary settlement from Miramax offered any glimmer of justice — and that came with a non-disclosure agreement. It was the “only arsenal,” Perkins recalled, “the only thing I was going to have to try and prevent Harvey’s behavior.” Perkins added that she hoped that the agreement would be “as binding to [Weinstein] and as difficult for him as it was going to be for me.”
“Difficult” is an understatement. Per the NDA, Perkins wasn’t allowed to talk to a therapist about her experience unless the therapist signed a confidentiality agreement. She also wasn’t allowed to discuss the £125K (about $168K USD) settlement she received from Miramax with her accountant. Perkins wasn’t even given a copy of the NDA. Weinstein and his allies knew full well that if the non-disclosure ever saw the light of day, it would be enough to end his career.
In Perkins’ opinion, the legal system needs to be reformed if Weinstein and other men like him are ever going to held accountable. The way she sees it, if the law had been working for them, she and her colleague wouldn’t have had to take the money or sign the NDA and Weinstein’s behavior could have been brought to light much earlier. “If the rules and the laws that we have to protect ourselves enable [people like Weinstein], then there’s no point in having them,” Perkins concluded.
She first spoke in person about her departure from Miramax at Women and Hollywood’s 10th anniversary event in London last month. Accepting a Trailblazer Award, Perkins recounted, “Nineteen years ago I gave up a job to protect another woman. Nineteen years ago I had total faith that because I had right on my side, this was the normal thing to do and the offender would be exposed. Nineteen years ago I discovered that the system I thought would defend me was as immoral as the man it went on to legally protect. I was a single voice silenced.”
Ursula MacFarlane will delve into Weinstein’s career, sexual misconduct, and the culture of misogyny that kept him in power for so long in a documentary for BBC Two. Tentatively titled “Weinstein,” the project is expected to air sometime next year.
Read Perkins’ entire Trailblazer speech below.
I have to admit that I was very surprised to be contacted by Melissa and Kate a few weeks ago. Primarily this was because I have never considered myself as a woman of Hollywood. I am more like a woman of Wiltshire. However, I am extremely honored to be here in a room full of such accomplished and magnificent women, so I hope you will all forgive that small technicality.
Nineteen years ago I gave up a job to protect another woman.
Nineteen years ago I had total faith that because I had right on my side, this was the normal thing to do and the offender would be exposed.
Nineteen years ago I discovered that the system I thought would defend me was as immoral as the man it went on to legally protect.
I was a single voice silenced.
The most shocking revelation to me in the last month is that this system has continued legitimately to protect and ultimately enable this behavior.
In many ways it’s astonishing that I am here being recognized for expecting the workplace to be a safe environment for myself and my colleagues. Even more astonishing, now that we see clearly, are the incredible achievements of women in the film industry and I can’t help but wonder where we would be if we hadn’t had to operate in such a challenging environment.
I have a feeling there would be a lot more women where they deserve to be.
However, tonight is a celebration, and I certainly celebrate the pace and ferocity of the last month’s events as it shows that our voices will be heard if we speak together, openly and intelligently and insist on meaningful change, so that in the future a single voice will be heard — even a woman from Wiltshire.