Epstein saga shows how power, money fuel sexual exploitation

In the international media scene, the big news this week has been the story around convicted child sex offender Jeffrey Epstein, after millions of pages relating to his investigation were released by the US Justice Department.  

From the files emanated scores of scandal ridden revelations, leading to, inter alia, resignation of long serving British politician Peter Mandelson who was current UK ambassador to the US. Even Bill Gates, and Elon Musk who always look nerdy and disinterested in the baser issues of humanity were caught in the web.

Bill Gates apologised profusely for ever having interacted with Epstein, even as he denied having been involved in Epstein’s more heinous activities. There were even subtle references in the files to Kenya, even though no specific leader was fingered to have been directly engaged with Epstein.

While the story can appear far removed from our realities, it is a sobering reflection of the true nature all of society, though our stories may have no global reach or colour. Firstly, the story reveals a disturbing pattern of how extreme wealth and high-level social connections can be used to bypass legal and ethical boundaries.

The scandal has uncovered extensive ties between Epstein and some of the world’s most powerful figures in politics, business, and science, including Bill Clinton, Donald Trump, Prince Andrew, Elon Musk and Richard Branson. These relationships continued even after Epstein was convicted of child sexual offences, demonstrating how “social currency” can allow even a convicted sex offender to remain integrated into high society.

Secondly, the story has evolved into a symbol of institutional failure, touching on major political, financial and judicial systems. For the justice system, the failure to investigate Epstein after complaints by victims exposed the general disinterest that investigative arms have over the wealthy and powerful especially when the complainants are weak, poor and powerless.

As far back as 1996, Epsteins’ victims had complained about him to local and federal law enforcement. Their files were only activated in 1996, a full decade later! To add insult to injury, when Epstein was convicted in 2008 for child sexual offences, he entered into an agreement that enabled him serve only 13 months for crimes involving dozens of victims. The plea agreement also enabled him to shield numerous co-conspirators from federal charges.

The media, too, was complicit in the decades-long cover-up. For years, much of the media ignored the institutional failures, especially those of the justice department, surrounding Epstein. It took heroic investigative reporting by journalists like Julie K Brown, Emily Mailtlis of the BBC and author John Connoly to bring the full scale of the abuse and systemic protection into spotlight.

Even in the banking sector, institutions like JPMorgan Chase ignored compliance red flags and enabled Epstein to continue running his business. Academic institutions, including the mighty Massachusetts Institute of Technology, continued to accept donations from Epstein, even after his conviction. Numerous political administrations from Clinton, Obama, Biden and even Trump in his first term refused to pursue comprehensive investigations into the well-known scandal.

Even the current release of the files, pursuant to signing of the Epstein Files Transparency Act by President Trump came after pressure from the President’s base and members of Congress.

On the positive side, the release of the files and the ensuing exposure reflects a widespread public demand for accountability and a “clean slate” for victims.

What must not be forgotten is that behind the tintillating stories of powerful men and celebrities behaving badly is the story of hundreds of young women and girls who were sexually exploited and trafficked. Their stories had been discounted, disbelieved or sidelined for decades.

The legal system’s focus on protecting high-profile reputations often came at cost of retraumatising them, ignoring “open secrets” within elite social circles. The ongoing releases and legal battles must keep the focus on the long-term trauma suffered by victims and the need for a victim-centered approach to justice.

In Kenya, we say justice is available to all, but so is the Intercontinental. The Epstein case must lead to a greater focus on shielding the weak and ensuring justice even for those who cannot afford the version served only at the Intercontinental.

-The writer is an advocate of the High Court of Kenya