Here’s How We’ll Know if the Ghislaine Maxwell Verdict Changed Anything

Ghislaine Maxwell’s conviction for recruiting young girls to serve Jeffrey Epstein’s sexual desires set a marker: Enablers are not safe from criminal prosecution. In that sense, her conviction was an important first-of-its-kind moment in the #MeToo era. But real progress still demands a reckoning with an uncomfortable truth. In the world of wealth and privilege, most enablers are beyond the reach of criminal law.

Like Mr. Epstein, other wealthy and powerful men who have been convicted of sexual misconduct charges in recent years also relied on others who, at best, looked the other way and, at worst, actively enabled the abuse, almost all without consequence.

The cases of Mr. Epstein, Bill Cosby, Harvey Weinstein and R. Kelly are examples of this cultural complicity. In each instance, the abuse was considered an open secret because many people knew or suspected what was happening but failed to intervene. Ms. Maxwell’s conviction demonstrates that prosecutors can, in extreme cases, hold those who enable abusers criminally liable.

But we should not be blind to the myriad ways of enabling that do not rise to the level of a crime. They are the ordinary acts of ordinary people that, however intentioned, combine to protect abusers — particularly men with status, wealth and privilege.

In the case of Mr. Cosby, for instance, David Carr, then a media columnist for The Times, included himself on a list of those in the media who were in the know but didn’t pursue it. “I was one of those who looked away,” he wrote. He recalled interviewing Mr. Cosby in 2011 for an airline magazine “and never found the space or the time to ask him why so many women had accused him of drugging and then assaulting them.” Mr. Carr was hardly an aberration. “No one wanted to disturb the Natural Order of Things,” he explained.

Of course, a failure or an unwillingness to disrupt the status quo is not a crime. That is as it should be. But it is also why the problem of cultural complicity will not be solved by criminal law alone.

Many people enabled the R&B artist R. Kelly’s longtime abuse of girls and women. The reporter and music critic Jim DeRogatis, who has reported about the abuse, has said innumerable people knew about or witnessed Mr. Kelly’s behavior. Yet only a few have been charged with crimes related to his abuse.

The story is much the same for Mr. Weinstein. As The Times reported, the movie producer “relied on powerful relationships across industries to provide him with cover as accusations of sexual misconduct piled up for decades.”

Mr. Epstein also benefited from this sort of complicity. His crimes came to the attention of law enforcement in 2005. As reported by Julie K. Brown of The Miami Herald, the police chief who supervised the investigation in Palm Beach, Fla., recalled that “this was not a ‘he said, she said,’ situation. This was 50-something ‘shes’ and one ‘he’ — and the ‘shes’ all basically told the same story.”

Ms. Brown wrote that police investigators determined that Mr. Epstein had assembled and exploited a “large, cultlike network of underage girls” — mostly 13 to 16 years old, many from disadvantaged families — and coerced them into repeated sex acts.

Instead of pursuing federal charges, however, the U.S. attorney at the time agreed to a jaw-dropping deal that two experienced former prosecutors described as “shockingly lenient.” Mr. Epstein agreed to plead guilty in state court and serve 18 months in county jail. His victims were not told of the deal before it was reached. He was permitted to leave jail six days a week to go to the office, where he continued to run his hedge fund. This jail sentence, such as it was, ended five months early, when he was released in 2009.

A fund created by Mr. Epstein’s estate to compensate his sexual assault victims has paid some $121 million to more than 135 people. The fund declined to say how many of the eligible claims were for the period since his 2009 release.

One reason prosecutions like Ms. Maxwell’s are so unusual and so difficult is that the law forbids only the most extreme enabling behaviors. Although criminal statutes vary, absent a specific legal duty to act, people are generally not held responsible for omissions that cause harm. But when a person’s purposeful assistance is integral to another’s abuse, the outcome may be different, as it was for Ms. Maxwell. Under such narrow circumstances, criminal prosecution can play a part in dismantling a culture that protects abusers.

By the accusers’ accounts, Ms. Maxwell didn’t just passively enable Mr. Epstein’s abuse; she facilitated it. This depiction was the essence of the government’s case.

Ms. Maxwell should be held accountable for the incalculable suffering she brought upon vulnerable girls. But her conviction should not obscure the reality that Mr. Epstein’s enablers were many: employees who allegedly helped him capitalize on the desperation of marginalized girls and women, the influential friends who knew or should have known of his ongoing scheme, the Florida prosecutors who provided the sweetheart deal, the power brokers who by association legitimized his misconduct.

This litany of protectors generally operated within the bounds of the law; Ms. Maxwell did not. The promise of prosecution is that, like her, the most blameworthy enablers of abuse can be held to account. For those who survived Mr. Epstein’s predations, this conviction is a long overdue measure of justice.

The rest of us should not be left with an undue sense of complacency. Impunity for abusers is given collectively, and it lies mostly beyond the law. Even more difficult than prosecuting the worst enablers is confronting the complicity we share.

The #MeToo movement has shed light on the interlocking relationships that protect sexual predators. By speaking up, victims have sought to hold even the most powerful men to account. In the same vein, we can all do our part. If people intervene when they see or suspect abuse, this culture of complicity surrounding predators will begin to unravel. And that will amount to meaningful progress.

Mr. Jones and Me: Younger Baby Boomers Swing Left

Were you more into punk than the Beatles? Were you less likely to protest the war than streak? You might be a Generation Joneser.

I think it was the 50th anniversary of Woodstock last summer that finally pushed me over the edge.

All summer long we’d been reliving the ’60s. Again. There were the boomers, reminiscing about Howdy Doody, Vietnam, the Summer of Love.

Watching all of this, I thought, well, damn. I don’t have anything in common with these people at all. Which is awkward, because I too am a baby boomer.

Or so I thought. Because then a friend of mine — born, like me, in 1958 — told me that we’re not boomers. We’re Generation Jones.

It was a term I’d never heard before, although a quick internet search revealed that yes, Generation Jones is an actual thing. It refers to the second half of the baby boom, to a group of people born roughly from 1954 to 1965.

We might be grouped with the baby boomers, but our formative experiences were profoundly different. If the zeitgeist of the boomers was optimism and revolution, the vibe of Gen Jones was cynicism and disappointment. Our formative years came in the wake of the 1973 oil shock, Watergate, the malaise of the Carter years and the Reagan recession of 1982. Above all, we resented the older boomers themselves — who we were convinced had things so much easier, and in whose shadow we’d been forced to spend our entire lives.

The fact that most people have never even heard of Generation Jones is the most Generation Jones thing about Generation Jones.

But if you identify more with punk, funk or disco than, say, Elvis, Buddy Holly or the Beatles, you’re a Joneser.

Is “Leave It to Beaver” kind of a hazy memory, while “The Brady Bunch” is crystal clear? You’re a Joneser.

Were you too young for the draft (which ended in 1973) but too old to have to register for it (starting in 1979)? Was there a time when you cared more about CB radio than Twitter? Did you wear Earth Shoes? Were you less likely to protest the war than to streak? Hello, Mr. Jones.

Older boomers may have wanted to change the world,” Richard Pérez-Peña wrote in these pages in 2014; “most of my peers just wanted to change the channel.”

The term was coined in 1999 by Jonathan Pontell, a cultural critic, who likes the double meaning of “Jones”: not only the anonymity of it, but also the sense of yearning. And in an interview last week, Mr. Pontell told me he thinks that Generation Jones may play a crucial role in the 2020 election.

Unlike older boomers, members of this generation are reliably conservative, perhaps because the traumas of the 1970s led us to distrust government. But Mr. Pontell thinks that Jonesers are now tipping to the left, for two reasons. First, Mr. Trump’s fumbling response to the Covid-19 crisis has hurt him with Jonesers, who are part of the demographic most at risk from the disease. And then there is Mr. Trump’s cruel mocking of Joe Biden’s senior moments. “There are lots of seniors out there that also have senior moments,” Mr. Pontell says. “They don’t really like the president mocking those one bit.”

Donald Trump (who is, it should be noted, an older boomer) has been a fraud on so many levels, but if there’s anything authentic about him, it’s his air of grievance. It may have been this, Mr. Pontell says, that made Jonesers vote for him in 2016. Hillary Clinton, to them, was the epitome of older baby boomer entitlement, and if Mr. Trump stood for anything, it was for the very things Gen Jones most identifies with: jealousy, resentment, self-pity.

There’s a word in Ireland, “begrudgery.” Padraig O’Morain, writing in The Irish Times, says: “Behind a lot of this begrudgery lies the unexamined and unspoken assumption that there is only so much happiness to go around. And guess what? The others have too much and I have too little.”

I turned to the feminist author Susan Faludi — a fellow Generation Joneser, born in 1959 — for more insight. “I recognize the yearning/resenting description of that cohort,” she told me. “Personally, I’ve always been in the yearning category — a modern-day Miniver Cheevy, ‘born too late’ to be in the thick of the ’60s social justice movements, which I shamelessly romanticized. As a girl, I had, God help me, a suede fringe vest and a hippie doll that came with a sign that said ‘You Turn Me On!’”

But many Jonesers feel bitterness about the 1960s, Ms. Faludi said, not nostalgia: “Researching my book ‘Stiffed,’ I met many angry baby boomer men — laid-off workers, evangelicals, militiamen — who felt they were slipping down the status ladder and blamed civil rights, antiwar, feminist and L.G.B.T. activism for their misery.”

Jonesers expected that as adults, we’d inherit the same wide-open sense of opportunity as our older brothers and sisters. But when those opportunities dried up, we became begrudgers instead — distrusting of government, nervous about change and fearful that creating opportunities for others would mean a diminishment of our own.

And so instead of changing the world, we’ve helped to create this endless mess — a result of the choices we’ve made, and in the voting booth not least.

Damn. The more I think about it, the more I think I don’t relate to Generation Jones either.

But maybe not relating is what Generation Jonesers do best.

“In a way,” Ms. Faludi asked me, “aren’t we all Generation Jonesers now, all still living in the unresolved rain shadow of the ’60s, still fighting the same issues, still shouting the same chants (‘What do we want?…’)?”

Maybe. But I’m hoping that this tumultuous, traumatic spring is finally the time Generation Jones — and the rest of the country, too — embraces the idea of transformational change. It’s been 50 years now. Couldn’t 2020, at long last, be the year we end the 1970s?

We’ll soon find out. Something’s happening here, and you don’t know what it is. Do you, Mr. Jones?

 

Bitcoin and Beyond

The surging price of the world’s best-known cryptocurrency has made some investors rich and prompted skeptics to point to the excesses of the current bull market. Central bank digital currencies (CBDCs) may offer a surer route to greater financial inclusion, but are policymakers and the public prepared for this potentially radical innovation?

In this Big Picture, Harvard University’s Kenneth Rogoff thinks that the COVID-19 pandemic could accelerate the emergence of CBDCs, and outlines two ways in which monetary policymakers could introduce them. The case for a digital dollar, however, is far from clear-cut, says Barry Eichengreen of the University of California, Berkeley, not least because fear that a digital renminbi will challenge the greenback’s global dominance is overblown. But New York University’s Nouriel Roubini makes the case that CBDCs could replace both an inherently crisis-prone banking system and worthless private cryptocurrencies such as Bitcoin.

Chatham House’s Jim O’Neill is similarly unimpressed by the Bitcoin hype, and explains why cryptocurrencies like it will never be anything more than speculative vehicles. For that reason, says Willem H. Buiter of Columbia University, only those with a robust appetite for risk and the wherewithal to absorb heavy losses should consider investing in them. By contrast, Brian Armstrong of cryptocurrency exchange Coinbase argues that cryptocurrencies with strong consumer-privacy protections should be a key feature of the post-pandemic recovery.

Either way, conclude Katharina Pistor of Columbia Law School and Co-Pierre Georg of the University of Cape Town, central banks may soon need to expand their remit and develop a new regulatory infrastructure to manage both public and private digital currencies.