>> Tonight on Frontline... >> Tonight on Frontline... >> Women are treated as sex >> Women are treated as sex objects when they are out there objects when they are out there in the fields.
in the fields.
>> An exclusive year-long >> An exclusive year-long investigation... investigation... >> We found really bad >> We found really bad situations with ongoing, intense situations with ongoing, intense sexual violence.
sexual violence.
>> They were all afraid they >> They were all afraid they were going to be deported.
were going to be deported.
>> If you are an undocumented >> If you are an undocumented worker in America, you are a worker in America, you are a captive.
>>Female farm workers >>Female farm workers empowered to speak out.
>> Frontline correspondent >> Frontline correspondent Lowell Bergman, in Lowell Bergman, in collaboration with Univision collaboration with Univision and the Center for and the Center for Investigative Reporting, Investigative Reporting, investigate.
investigate.
>> No one's ever been charged >> No one's ever been charged for rape or assault?
for rape or assault?
>> No.
>> No.
>> Tonight, "Rape in the >> Tonight, "Rape in the Fields."
>> LOWELL BERGMAN: There are >> LOWELL BERGMAN: There are over a half-million women over a half-million women working in the fields of working in the fields of America.
America.
Most are undocumented Most are undocumented immigrants.
immigrants.
This is a story about the price This is a story about the price many women pay to keep those many women pay to keep those jobs, and to keep food on our jobs, and to keep food on our tables.
>> BERGMAN: They have lived in >> BERGMAN: They have lived in the shadows, unheard and unseen.
the shadows, unheard and unseen.
Until now.
>> BERGMAN: For the past year, >> BERGMAN: For the past year, we've been investigating we've been investigating the sexual abuse of female the sexual abuse of female farm workers.
farm workers.
It's a story that has gone It's a story that has gone virtually unreported, virtually unreported, in part because women simply in part because women simply feared to speak out.
feared to speak out.
Maricruz Ladino was among the Maricruz Ladino was among the first to agree to appear on first to agree to appear on camera.
>> BERGMAN: Maricruz >> BERGMAN: Maricruz is not alone.
is not alone.
Female farm workers have been Female farm workers have been abused for generations.
abused for generations.
>> I became aware of it as a >> I became aware of it as a young woman, and my mother would young woman, and my mother would never let me work in the fields.
never let me work in the fields.
You cannot close your eyes You cannot close your eyes and your ears to us any longer.
and your ears to us any longer.
>> BERGMAN: Dolores Huerta was >> BERGMAN: Dolores Huerta was one of the founders of the one of the founders of the United Farm Workers, with Cesar United Farm Workers, with Cesar Chavez.
Chavez.
>> Harassment was part >> Harassment was part of the job, so to speak.
of the job, so to speak.
Women are looked at as sex Women are looked at as sex objects when they are out there objects when they are out there in the field.
in the field.
Sexual harassment is an epidemic Sexual harassment is an epidemic in the fields, and it again goes in the fields, and it again goes back to the vulnerability that back to the vulnerability that farm worker women have.
farm worker women have.
They work in isolated places, They work in isolated places, many of them don't speak many of them don't speak English, a lot of them don't English, a lot of them don't even know the laws.
even know the laws.
They don't even know that they They don't even know that they can report sexual harassment can report sexual harassment and that the employer and that the employer can be responsible for that.
can be responsible for that.
And so they feel helpless.
And so they feel helpless.
>> BERGMAN: Until 1995, there >> BERGMAN: Until 1995, there was no government agency that was no government agency that made the plight of female farm made the plight of female farm workers a priority.
Then, Bill Tamayo went to work Then, Bill Tamayo went to work in San Francisco for the Equal in San Francisco for the Equal Employment Opportunity Employment Opportunity Commission: the EEOC.
>> I met with the advocates >> I met with the advocates for farm workers, and I said, for farm workers, and I said, "What are the main issues that "What are the main issues that you see we should address?"
you see we should address?"
And they nearly all said And they nearly all said the same thing.
the same thing.
It was sexual harassment It was sexual harassment in the fields.
in the fields.
And they said, "Look, if there's And they said, "Look, if there's anything you can help us with, anything you can help us with, it's just that women are being it's just that women are being raped in the fields by coworkers raped in the fields by coworkers and supervisors."
Farm worker women were talking Farm worker women were talking about the fields as about the fields as the fields de calz_n, the fields de calz_n, or fields of panties, or fields of panties, because that's where the women because that's where the women had to go in order to get a job, had to go in order to get a job, keep a job, get a promotion.
keep a job, get a promotion.
It was the classic quid pro quo.
It was the classic quid pro quo.
They referred to the fields as They referred to the fields as the "green motel" because it was the "green motel" because it was where they had to go and have where they had to go and have sex with a hiring official.
sex with a hiring official.
My initial reaction was asking My initial reaction was asking myself, "Wow, over a century myself, "Wow, over a century after slavery had ended, why do after slavery had ended, why do we still have these conditions we still have these conditions in the fields?"
in the fields?"
>> BERGMAN: So Tamayo set out to >> BERGMAN: So Tamayo set out to investigate and prosecute cases.
investigate and prosecute cases.
Bill Tamayo and the EEOC Bill Tamayo and the EEOC could not bring criminal charges could not bring criminal charges against perpetrators, but they against perpetrators, but they could sue a perpetrator's could sue a perpetrator's employer.
employer.
And in 2002, they did, And in 2002, they did, in a landmark case.
in a landmark case.
>> That was the case against >> That was the case against Harris Farms, which involved a Harris Farms, which involved a farm worker being raped three farm worker being raped three times at gunpoint by her times at gunpoint by her supervisor, who then threatened supervisor, who then threatened the victim if she complained the victim if she complained about the sexual harassment.
about the sexual harassment.
>> BERGMAN: The EEOC vs. Harris >> BERGMAN: The EEOC vs. Harris Farms was the first case of Farms was the first case of "rape in the fields" to go to "rape in the fields" to go to trial.
Harris Farms is one of the Harris Farms is one of the biggest agri-businesses in the biggest agri-businesses in the country.
country.
Headquartered in Fresno County, Headquartered in Fresno County, it sprawls across California's it sprawls across California's Central Valley, and its almond Central Valley, and its almond orchards stretch for miles.
orchards stretch for miles.
One summer afternoon, a Harris One summer afternoon, a Harris Farms worker named Olivia Tamayo Farms worker named Olivia Tamayo says that a supervisor ordered says that a supervisor ordered her to get into his truck.
>> BERGMAN: This video shows the >> BERGMAN: This video shows the man accused of raping Olivia man accused of raping Olivia Tamayo, Rene Rodriguez, Tamayo, Rene Rodriguez, in pre-trial testimony.
in pre-trial testimony.
He insists their relationship He insists their relationship was consensual.
was consensual.
>> Did you have sexual relations >> Did you have sexual relations with Ms. Tamayo at that time?
with Ms. Tamayo at that time?
>> (speaking Spanish) >> (speaking Spanish) >> (translator): At her house, >> (translator): At her house, yes.
yes.
>> (speaking Spanish) >> (speaking Spanish) >> (translator): And when >> (translator): And when I would go to her house, I would go to her house, she would come and she she would come and she would open the door would open the door and she was already in a gown.
and she was already in a gown.
>> Are you saying she was >> Are you saying she was wearing a nightgown when she wearing a nightgown when she greeted you?
greeted you?
>> (Spanish translation) >> (Spanish translation) >> (speaking Spanish) >> (speaking Spanish) >> (translator): Exactly.
>> (translator): Exactly.
It was a red nightgown.
>> BERGMAN: Olivia testified she >> BERGMAN: Olivia testified she was raped by Rodriguez three was raped by Rodriguez three times: once in an almond grove, times: once in an almond grove, again while she was on her way again while she was on her way to work, and once when Rodriguez to work, and once when Rodriguez forced his way into her home.
>> Olivia never told a soul.
>> Olivia never told a soul.
Finally, she went to a rape Finally, she went to a rape crisis center, and the case was crisis center, and the case was brought to the EEOC.
>> I received a phone call >> I received a phone call from Bill Tamayo of the EEOC.
from Bill Tamayo of the EEOC.
>> BERGMAN: Willie Smith was >> BERGMAN: Willie Smith was brought on as a trial attorney brought on as a trial attorney in the case.
in the case.
He is one of the few private He is one of the few private attorneys who represents farm attorneys who represents farm workers in sexual harassment workers in sexual harassment cases.
cases.
>> There aren't many people >> There aren't many people who do what we do.
who do what we do.
Sometimes we feel like Sometimes we feel like the Lone Ranger.
Very early on when I got Very early on when I got involved in the case, I asked involved in the case, I asked Harris's attorney, "Are you Harris's attorney, "Are you willing to talk settlement?"
willing to talk settlement?"
John Harris said, John Harris said, "Not one cent."
"Not one cent."
I said, "Okay, we'll see you I said, "Okay, we'll see you in trial then."
in trial then."
>> How often did you have sex >> How often did you have sex with Ms. Tamayo after this with Ms. Tamayo after this relationship began?
relationship began?
(speaking Spanish) (speaking Spanish) >> (translator): Three times >> (translator): Three times per week.
per week.
>> I said, "Well, three times >> I said, "Well, three times a week for how many years?"
a week for how many years?"
He said for six years.
He said for six years.
So I said, "Oh really, so that's So I said, "Oh really, so that's about a thousand times.
about a thousand times.
You can identify her body then, You can identify her body then, can't you?
can't you?
Any surgical scars, Any surgical scars, varicose veins, et cetera."
varicose veins, et cetera."
He couldn't answer any of those He couldn't answer any of those questions, so I knew then we questions, so I knew then we had him; he was a liar.
had him; he was a liar.
>> BERGMAN: The jury agreed >> BERGMAN: The jury agreed and awarded damages to Olivia.
and awarded damages to Olivia.
Harris appealed and lost again.
>> I'm John Harris.
>> I'm John Harris.
I grew up out here...
I grew up out here... >> BERGMAN: We found John >> BERGMAN: We found John Harris, the CEO of Harris Farms, Harris, the CEO of Harris Farms, on a press tour.
on a press tour.
He declined to talk, insisting He declined to talk, insisting later in a statement that he later in a statement that he still believes that the still believes that the relationship between Olivia relationship between Olivia Tamayo and Rene Rodriguez was Tamayo and Rene Rodriguez was consensual.
consensual.
So when you won the civil case, So when you won the civil case, was there a criminal was there a criminal investigation after that?
investigation after that?
>> The police were alerted, >> The police were alerted, and they didn't do anything.
and they didn't do anything.
>> BERGMAN: And the perpetrator?
>> BERGMAN: And the perpetrator?
>> He was allowed to retire, >> He was allowed to retire, supposedly in Texas.
supposedly in Texas.
Never been arrested for these Never been arrested for these crimes.
>> BERGMAN: We tracked down Rene >> BERGMAN: We tracked down Rene Rodriguez at his home in South Rodriguez at his home in South Texas.
>> BERGMAN: Rene Rodriguez would >> BERGMAN: Rene Rodriguez would retire from Harris Farms.
retire from Harris Farms.
When asked why there was not When asked why there was not a criminal investigation, a criminal investigation, the Fresno County sheriff said, the Fresno County sheriff said, "I don't have an answer."
>> BERGMAN: Two years after the >> BERGMAN: Two years after the Olivia Tamayo verdict, the EEOC Olivia Tamayo verdict, the EEOC would start investigating what would start investigating what would become one of its biggest would become one of its biggest cases.
It took place here in the Yakima It took place here in the Yakima Valley in Washington state, Valley in Washington state, the center of the nation's the center of the nation's multi-billion-dollar multi-billion-dollar apple industry.
apple industry.
The case was against one of the The case was against one of the largest apple growers in the largest apple growers in the country, Evans Fruit, whose country, Evans Fruit, whose orchards blanket the Yakima orchards blanket the Yakima Valley.
Valley.
Evans produces hundreds of Evans produces hundreds of millions of apples every year, millions of apples every year, employing thousands of seasonal employing thousands of seasonal laborers.
laborers.
The person at the center of the The person at the center of the case was the long-time foreman case was the long-time foreman of Evans Fruit's Rattlesnake of Evans Fruit's Rattlesnake Ranch, Juan Marin.
>> BERGMAN: Women workers >> BERGMAN: Women workers at Evans Fruit say that Juan at Evans Fruit say that Juan Marin's sexual harassment had Marin's sexual harassment had been an open secret for decades.
been an open secret for decades.
But they were too afraid to But they were too afraid to speak out against their foreman.
>> BERGMAN: In the summer >> BERGMAN: In the summer of 2006, a mother brought her of 2006, a mother brought her 15-year-old daughter to work 15-year-old daughter to work at Evans Fruit.
>> BERGMAN: According to Angela >> BERGMAN: According to Angela Mendoza, Juan Marin's harassment Mendoza, Juan Marin's harassment escalated, until one day she escalated, until one day she caught him groping her daughter.
caught him groping her daughter.
Angela and Jacqueline quit and Angela and Jacqueline quit and filed complaints with the EEOC filed complaints with the EEOC against Evans Fruit.
against Evans Fruit.
Over the next four years, as the Over the next four years, as the EEOC investigation continued, EEOC investigation continued, women in the Yakima Valley began women in the Yakima Valley began coming forward one by one.
coming forward one by one.
The women accused Juan Marin The women accused Juan Marin of propositioning them for sex, of propositioning them for sex, assaulting them in his truck, assaulting them in his truck, and attempted rape.
>> BERGMAN: Juan Marin no longer >> BERGMAN: Juan Marin no longer works at Evans Fruit.
works at Evans Fruit.
But we found him pruning in an But we found him pruning in an orchard in the Yakima Valley.
orchard in the Yakima Valley.
>> I was being accused >> I was being accused for, uh, sexual harassment.
for, uh, sexual harassment.
And that's completely a lie And that's completely a lie because I never bother nobody.
because I never bother nobody.
The only thing I've been doing The only thing I've been doing in my life is work.
in my life is work.
To me it's so unfair, To me it's so unfair, because I've never did nothing because I've never did nothing like that in my life.
like that in my life.
These ladies that are These ladies that are accusing me, they're nasty.
accusing me, they're nasty.
I can never get involved I can never get involved in something like that.
in something like that.
Oh my God, no.
Oh my God, no.
I got a beautiful wife I got a beautiful wife and I got beautiful kids, and I got beautiful kids, and that's all I care.
and that's all I care.
I can never betray my wife I can never betray my wife for something like that.
They have to give me some They have to give me some evidence, all this bunch of lies evidence, all this bunch of lies they're saying and the stories they're saying and the stories they're making.
they're making.
>> BERGMAN: In all, 26 women >> BERGMAN: In all, 26 women would add their names to the would add their names to the EEOC lawsuit against Juan EEOC lawsuit against Juan Marin's employer Evans Fruit.
Marin's employer Evans Fruit.
The case would go to trial The case would go to trial in the spring of 2013.
>> BERGMAN: Back in Salinas, >> BERGMAN: Back in Salinas, California, Maricruz Ladino California, Maricruz Ladino continued to work in the fields continued to work in the fields after she was assaulted.
after she was assaulted.
She was considering pursuing her She was considering pursuing her own case but was worried about own case but was worried about the consequences.
>> If people were actually >> If people were actually to understand the vulnerability to understand the vulnerability that undocumented women that undocumented women are subjected to... are subjected to... One phone call One phone call and you'll be deported.
and you'll be deported.
I mean, let's recognize I mean, let's recognize something: 1,400 people are something: 1,400 people are deported every day from the deported every day from the United States of America.
United States of America.
There is fear and real terror There is fear and real terror in the immigrant community.
>> Federal officials >> Federal officials are still investigating... are still investigating... >> A company with a long list >> A company with a long list of legal woes... of legal woes... >> BERGMAN: And that fear >> BERGMAN: And that fear extends into America's extends into America's heartland, where our heartland, where our investigation led us to one investigation led us to one of the nation's largest of the nation's largest egg processing operations, egg processing operations, where we discovered there was where we discovered there was sexual violence at a company sexual violence at a company with a long history of problems with a long history of problems with the law.
with the law.
>> Owned by Austin "Jack" >> Owned by Austin "Jack" DeCoster.
DeCoster.
>> BERGMAN: Jack DeCoster >> BERGMAN: Jack DeCoster operated egg facilities across operated egg facilities across the country, and every year, the country, and every year, billions of DeCoster eggs billions of DeCoster eggs made it to market.
made it to market.
This undercover footage This undercover footage documents DeCoster's defiance documents DeCoster's defiance of animal cruelty regulations.
The workers suffered too, The workers suffered too, treated so badly that at one treated so badly that at one point, the Mexican government point, the Mexican government sued DeCoster on behalf of its sued DeCoster on behalf of its citizens for its horrendous citizens for its horrendous working conditions.
working conditions.
>> Violations were just the cost >> Violations were just the cost of doing business.
of doing business.
It was cheaper for them, in It was cheaper for them, in other words, to pay the fines other words, to pay the fines and to continue to pay the fines and to continue to pay the fines than to actually clean up their than to actually clean up their act.
act.
People worked long hours... People worked long hours... >> BERGMAN: Robert Reich >> BERGMAN: Robert Reich was Secretary of Labor was Secretary of Labor under President Clinton.
under President Clinton.
He became deeply involved He became deeply involved in the investigation in the investigation of health and safety violations of health and safety violations at DeCoster facilities.
at DeCoster facilities.
>> In my experience, when you >> In my experience, when you have companies that disregard have companies that disregard one set of laws, they are likely one set of laws, they are likely to be disregarding all laws.
to be disregarding all laws.
They are likely to create They are likely to create a culture that is not a culture that is not just one of illegality just one of illegality but one of crass disregard but one of crass disregard for the lives of employees.
for the lives of employees.
>> A serial violator... >> A serial violator... >> Pleaded guilty to knowingly >> Pleaded guilty to knowingly hiring illegal immigrants... hiring illegal immigrants... >> BERGMAN: Paul Schultz was the >> BERGMAN: Paul Schultz was the sheriff of Wright County, Iowa, sheriff of Wright County, Iowa, and he became very familiar and he became very familiar with DeCoster.
with DeCoster.
>> They've earned the >> They've earned the reputation, or made their own reputation, or made their own reputation, as far as the way reputation, as far as the way they have treated workers.
they have treated workers.
>> BERGMAN: When immigration >> BERGMAN: When immigration patrols reached Wright County, patrols reached Wright County, DeCoster managers took steps DeCoster managers took steps to hide their illegal workforce.
to hide their illegal workforce.
>> If they would hear of an >> If they would hear of an immigration vehicle being around immigration vehicle being around the area, they would lock the the area, they would lock the doors of the plant or post doors of the plant or post people at the exits of the plant people at the exits of the plant so the people could not leave.
so the people could not leave.
>> BERGMAN: DeCoster supervisors >> BERGMAN: DeCoster supervisors locked up the workers for days locked up the workers for days on end, and people in the on end, and people in the community began to notice.
community began to notice.
>> One young lady, she said, >> One young lady, she said, "Our parents haven't been home "Our parents haven't been home for three days.
for three days.
They went to work They went to work and they never came back."
and they never came back."
And I asked them, And I asked them, "Well, where are they?"
"Well, where are they?"
And she said, "Well, I am And she said, "Well, I am communicating with my mom communicating with my mom on the phone.
on the phone.
They're at the plants, They're at the plants, sleeping in cardboard boxes, sleeping in cardboard boxes, and they been feeding them and they been feeding them scrambled eggs."
scrambled eggs."
>> BERGMAN: Workers had been >> BERGMAN: Workers had been calling their families saying calling their families saying they couldn't leave.
they couldn't leave.
Alberts took matters into her Alberts took matters into her own hands, confronting the plant own hands, confronting the plant manager.
manager.
>> I said, "I came to pick up >> I said, "I came to pick up the women, and if you don't shut the women, and if you don't shut those machines off, I'm calling those machines off, I'm calling the police."
the police."
So he shut the machines off So he shut the machines off and I told the girls, and I told the girls, "Let's go."
"Let's go."
And they walked out, And they walked out, and I piled them in my van.
and I piled them in my van.
And I think that I built And I think that I built this trust with them, this trust with them, that I can help them.
that I can help them.
>> BERGMAN: It was this trust >> BERGMAN: It was this trust that would unlock DeCoster's that would unlock DeCoster's deepest secret.
>> One evening, one of them >> One evening, one of them came knocking at the door.
came knocking at the door.
She said, "There's more things She said, "There's more things going on, and it's not just me.
going on, and it's not just me.
There's other women."
>> I said, "Should we get >> I said, "Should we get the police involved?"
the police involved?"
And she said, "No, we can't."
And she said, "No, we can't."
They were all illegal They were all illegal and they were afraid they were and they were afraid they were going to get deported.
going to get deported.
Then this lady from the crisis Then this lady from the crisis intervention, she said, "I know intervention, she said, "I know a lawyer that can help us."
a lawyer that can help us."
>> BERGMAN: The lawyer was >> BERGMAN: The lawyer was Sonia Parras.
Sonia Parras.
Her law firm specializes Her law firm specializes in immigration issues and cases in immigration issues and cases of violence against women.
of violence against women.
>> I remember one of them >> I remember one of them saying, "I'm just tired saying, "I'm just tired of having sex at work."
of having sex at work."
So I said, "Well, So I said, "Well, what do you mean?"
what do you mean?"
And she said, "I want to keep And she said, "I want to keep my job, but I don't want my job, but I don't want to have sex at work anymore."
to have sex at work anymore."
And that was when I realized And that was when I realized the magnitude of the situation.
the magnitude of the situation.
The women are being raped and The women are being raped and are being sexually assaulted.
are being sexually assaulted.
And they know that immigration And they know that immigration is outside.
is outside.
They're also seeing law They're also seeing law enforcement working with them.
enforcement working with them.
So if you're seeing law So if you're seeing law enforcement coming into your enforcement coming into your plant and taking your coworkers, plant and taking your coworkers, you're not going to go to them you're not going to go to them the next day to say, the next day to say, "By the way, can you help me?"
"By the way, can you help me?"
>> In a lot of cases, >> In a lot of cases, they'd take off running they'd take off running from the buildings.
from the buildings.
>> BERGMAN: So you were involved >> BERGMAN: So you were involved in this perimeter security in this perimeter security in these raids, and when people in these raids, and when people would run away, you'd help would run away, you'd help capture them.
capture them.
>> We would help capture them.
>> We would help capture them.
>> BERGMAN: So it really isn't >> BERGMAN: So it really isn't any surprise that it would be any surprise that it would be unusual for someone to come in unusual for someone to come in who was undocumented and tell who was undocumented and tell you about a crime back then, you about a crime back then, because you guys were also known because you guys were also known for grabbing them and helping for grabbing them and helping immigration.
immigration.
>> It's our job to do both.
>> It's our job to do both.
>> BERGMAN: Then that puts you >> BERGMAN: Then that puts you in a... kind of an impossible in a... kind of an impossible situation, doesn't it?
situation, doesn't it?
>> It does.
>> It does.
Puts the victim in an almost Puts the victim in an almost impossible situation.
>> The main concerns for the >> The main concerns for the women were confidentiality, women were confidentiality, privacy, safety.
privacy, safety.
So I called an attorney for the So I called an attorney for the EEOC, and we started working EEOC, and we started working immediately on the case.
immediately on the case.
>> BERGMAN: Dennis McBride >> BERGMAN: Dennis McBride is a senior trial attorney is a senior trial attorney for the EEOC in the Midwest.
for the EEOC in the Midwest.
>> Women who are being sexually >> Women who are being sexually harassed at the workplace harassed at the workplace always feel trapped, always feel trapped, but the ones who are but the ones who are documented workers typically documented workers typically have some outlet.
have some outlet.
Take a woman who is undocumented Take a woman who is undocumented and think how much more and think how much more vulnerable she feels.
vulnerable she feels.
>> BERGMAN: And they're afraid >> BERGMAN: And they're afraid of the federal government.
of the federal government.
They're afraid of being They're afraid of being deported.
deported.
>> Right.
>> Right.
>> BERGMAN: Could you do >> BERGMAN: Could you do anything about that?
anything about that?
>> Yes, I could.
>> Yes, I could.
In fact, that's one of the In fact, that's one of the things that makes this case things that makes this case stand out.
stand out.
>> BERGMAN: Congress had just >> BERGMAN: Congress had just passed the "U-Visa" program, passed the "U-Visa" program, enacted to protect immigrant enacted to protect immigrant victims of crime from being victims of crime from being deported.
deported.
>> There are two purposes >> There are two purposes of that program.
of that program.
One is to keep the victims in One is to keep the victims in the country so that they can the country so that they can testify against the testify against the perpetrators, and the other is perpetrators, and the other is to protect the victims.
to protect the victims.
>> BERGMAN: The women from >> BERGMAN: The women from DeCoster would be the first in DeCoster would be the first in the country to apply for the country to apply for U-Visas.
U-Visas.
But first, they would have to But first, they would have to cooperate with law enforcement, cooperate with law enforcement, which meant telling their which meant telling their stories to Sheriff Schultz.
stories to Sheriff Schultz.
Dennis McBride read their Dennis McBride read their statements from the police statements from the police report.
report.
>> "He told her she was not the >> "He told her she was not the first one, and he has wanted to first one, and he has wanted to abuse her for a long time.
abuse her for a long time.
She said she wanted to get out, She said she wanted to get out, but he closed the door.
but he closed the door.
She told us they had started She told us they had started fighting and he raped her.
fighting and he raped her.
She said the incident occurred She said the incident occurred on a dirt road somewhere on a dirt road somewhere between her home in Clarion between her home in Clarion and her work at Plant #2. and her work at Plant #2.
He had told her not to tell He had told her not to tell anyone, and that if she did not anyone, and that if she did not let him have sex with her, let him have sex with her, he would fire her.
he would fire her.
She told us the second rape She told us the second rape happened in the storage room at happened in the storage room at Plant #1.
Plant #1.
The supervisor again told her The supervisor again told her if she wanted to keep her job, if she wanted to keep her job, she knew what to do.
she knew what to do.
She explained to us that he She explained to us that he pushed her against the wall pushed her against the wall and forcefully had sex with her.
and forcefully had sex with her.
She said they went She said they went into the storage area.
into the storage area.
She screamed, and he told her She screamed, and he told her not to scream.
not to scream.
She said that her supervisor She said that her supervisor continued to harass her by continued to harass her by asking her when they were going asking her when they were going to have intercourse again."
>> I felt that the women >> I felt that the women took a big enough risk, took a big enough risk, and the consequences of that and the consequences of that risk could have been quite risk could have been quite substantial to them.
substantial to them.
I decided to sign the U-Visas.
I decided to sign the U-Visas.
>> BERGMAN: And that allowed >> BERGMAN: And that allowed them at least not to be afraid them at least not to be afraid of being deported.
of being deported.
>> Correct.
>> Correct.
>> But after that, >> But after that, we didn't hear anything else.
we didn't hear anything else.
I believe the prosecutor I believe the prosecutor at that time declined to proceed at that time declined to proceed with the case.
with the case.
>> BERGMAN: No one's ever been >> BERGMAN: No one's ever been charged for rape or assault?
charged for rape or assault?
>> No.
>> No.
>> BERGMAN: So how come >> BERGMAN: So how come no criminal charges?
no criminal charges?
>> Well, we conferred with our >> Well, we conferred with our county attorney at the time, county attorney at the time, and he just felt that there was and he just felt that there was not enough there to substantiate not enough there to substantiate or to prove beyond a reasonable or to prove beyond a reasonable doubt that these things actually doubt that these things actually occurred.
occurred.
>> BERGMAN: Did you turn to the >> BERGMAN: Did you turn to the state attorney general, to the state attorney general, to the state police or to the FBI, state police or to the FBI, and say, "We're not getting and say, "We're not getting anywhere on this, but we believe anywhere on this, but we believe it's a case"?
it's a case"?
>> Yes, we did.
>> Yes, we did.
In fact, we had an FBI agent In fact, we had an FBI agent with us at the time of the with us at the time of the interviews.
interviews.
>> BERGMAN: Did he offer any >> BERGMAN: Did he offer any advice, or did he say, "Maybe advice, or did he say, "Maybe I'll get our people involved"?
I'll get our people involved"?
>> He told us that was not >> He told us that was not the FBI's role.
the FBI's role.
We also advised immigration We also advised immigration of the allegations.
of the allegations.
>> BERGMAN: And you told them >> BERGMAN: And you told them that this potentially mass rape that this potentially mass rape was going on.
was going on.
>> Correct.
>> Correct.
>> BERGMAN: What did they say?
>> BERGMAN: What did they say?
>> Um, not too much of anything.
>> Um, not too much of anything.
>> BERGMAN: Did you ever >> BERGMAN: Did you ever question the perpetrators?
question the perpetrators?
>> We had a very difficult time >> We had a very difficult time in locating any of the in locating any of the perpetrators.
perpetrators.
>> BERGMAN: Well, one of them >> BERGMAN: Well, one of them you knew, right?
you knew, right?
>> Renteria, yeah.
>> Renteria, yeah.
He absconded shortly thereafter.
He absconded shortly thereafter.
>> BERGMAN: The Justice >> BERGMAN: The Justice Department did indict Ricardo Department did indict Ricardo Renteria, not for sexual Renteria, not for sexual assault, but on immigration assault, but on immigration charges.
charges.
According to the U.S.
Marshals, According to the U.S.
Marshals, Renteria is still a fugitive.
Renteria is still a fugitive.
At his last known address, At his last known address, his mother told us he was living his mother told us he was living in Mexico City.
>> BERGMAN: In the end, >> BERGMAN: In the end, we found Renteria, we found Renteria, not in Mexico, but on Facebook, not in Mexico, but on Facebook, where he counts among his where he counts among his friends members of the DeCoster friends members of the DeCoster family.
family.
We made repeated attempts to try We made repeated attempts to try and reach the DeCosters.
and reach the DeCosters.
They never responded.
They never responded.
But they did respond But they did respond when the EEOC sued them.
when the EEOC sued them.
DeCoster settled the case DeCoster settled the case and the women were awarded and the women were awarded $1.3 million, but DeCoster $1.3 million, but DeCoster denied any wrongdoing.
>> BERGMAN: In the years >> BERGMAN: In the years following the DeCoster case, following the DeCoster case, Sonia Parras became one of the Sonia Parras became one of the country's leading advocates country's leading advocates for abused immigrant women.
for abused immigrant women.
Parras is herself an immigrant Parras is herself an immigrant from Spain, and she was shocked from Spain, and she was shocked by the working conditions by the working conditions she found in this country.
she found in this country.
>> This is the land of the >> This is the land of the dreams and the freedom and where dreams and the freedom and where you make your dreams come true.
you make your dreams come true.
This wasn't supposed to be This wasn't supposed to be happening like this here.
>> BERGMAN: In 2008, Parras >> BERGMAN: In 2008, Parras began to hear rumors that began to hear rumors that federal agents were mobilizing federal agents were mobilizing near the town of Postville, near the town of Postville, Iowa.
Iowa.
>> And sure enough, >> And sure enough, we started tuning into the news, we started tuning into the news, and the raid was happening and the raid was happening at that moment.
at that moment.
>> Federal Agents raided this >> Federal Agents raided this meatpacking plant in Iowa on meatpacking plant in Iowa on Monday... Monday... >> Those agents are executing >> Those agents are executing a criminal search warrant a criminal search warrant for people illegally in the for people illegally in the United States.
United States.
>> BERGMAN: The raid would >> BERGMAN: The raid would highlight a key question.
highlight a key question.
Should federal authorities treat Should federal authorities treat abused undocumented workers abused undocumented workers as victims or criminals?
as victims or criminals?
>> More than 300 people were >> More than 300 people were loaded onto buses and taken loaded onto buses and taken away.
away.
>> BERGMAN: The raid would make >> BERGMAN: The raid would make headlines as the largest headlines as the largest immigration roundup in U.S. immigration roundup in U.S. history at a single site.
history at a single site.
What was not reported in the What was not reported in the media was the extent of the media was the extent of the sexual abuse inside the plant.
>> Imagine one of these girls >> Imagine one of these girls working on the killing floor, working on the killing floor, some of them, you know, some of them, you know, utilizing knives and surrounded utilizing knives and surrounded by other workers with knives.
by other workers with knives.
>> Most of the children >> Most of the children were working at night.
were working at night.
They ran somewhat of a shop They ran somewhat of a shop of horrors at night.
of horrors at night.
I can think of an interview I can think of an interview I did with one of the teenage I did with one of the teenage girls who constantly, several girls who constantly, several times, repeatedly rebuffed times, repeatedly rebuffed sexual advances from one of her sexual advances from one of her supervisors.
>> We found really, really bad >> We found really, really bad situations just like in DeCoster situations just like in DeCoster with ongoing intense with ongoing intense sexual violence.
sexual violence.
>> BERGMAN: Over two dozen women >> BERGMAN: Over two dozen women and underage girls came forward and underage girls came forward alleging sexual harassment, alleging sexual harassment, assault or rape.
assault or rape.
But according to immigration But according to immigration and customs enforcement, and customs enforcement, their agents did not ask their agents did not ask any of the detainees if they any of the detainees if they had been victims of abuse.
had been victims of abuse.
>> 300 of the workers, >> 300 of the workers, their stories were never heard.
their stories were never heard.
There was no interest in what There was no interest in what their story was, whether they their story was, whether they had been victimized, whether had been victimized, whether they had been exploited.
they had been exploited.
Nobody asked them those Nobody asked them those questions.
questions.
They only asked them for papers, They only asked them for papers, and that was it.
and that was it.
And if they didn't have them, And if they didn't have them, that defined their entire lives.
that defined their entire lives.
And then they were processed And then they were processed like criminals and deported.
like criminals and deported.
>> We need to have a thorough >> We need to have a thorough investigation and ask detainees investigation and ask detainees the right questions about the right questions about whether or not they have ever whether or not they have ever been victims of crimes of sexual been victims of crimes of sexual violence.
violence.
And the perpetrators And the perpetrators were also deported, were also deported, and they will never be brought and they will never be brought to justice.
to justice.
>> BERGMAN: No criminal charges >> BERGMAN: No criminal charges for sexual violence were ever for sexual violence were ever brought against the alleged brought against the alleged perpetrators in Postville, perpetrators in Postville, a pattern that has repeated a pattern that has repeated itself across the country.
itself across the country.
>> Hundreds of charges by farm >> Hundreds of charges by farm workers have been received workers have been received nationwide, and they continue to nationwide, and they continue to come in all around the country.
come in all around the country.
>> BERGMAN: How many criminal >> BERGMAN: How many criminal charges have resulted from all charges have resulted from all of this?
of this?
>> I don't know of any criminal >> I don't know of any criminal prosecutions that have been put prosecutions that have been put forward in any of these forward in any of these farm worker cases.
farm worker cases.
>> BERGMAN: Zero as far >> BERGMAN: Zero as far as you know.
as you know.
>> Zero as far as I know.
>> Zero as far as I know.
>> BERGMAN: Sexual assault cases >> BERGMAN: Sexual assault cases are difficult to prosecute, are difficult to prosecute, and the Justice Department and the Justice Department estimates that two-thirds estimates that two-thirds are never even reported.
are never even reported.
>> And this is largely >> And this is largely English-speaking women.
English-speaking women.
Largely white.
Largely white.
Now, in agriculture, the Now, in agriculture, the workforce is largely Latina, workforce is largely Latina, non-English speaking, non-English speaking, and women who are culturally and women who are culturally and geographically isolated.
and geographically isolated.
So the chances for them So the chances for them to report are even less.
to report are even less.
>> BERGMAN: There are no >> BERGMAN: There are no reliable statistics on sexual reliable statistics on sexual violence in the fields, violence in the fields, and few reports.
and few reports.
One by Human Rights Watch One by Human Rights Watch concluded that women in the concluded that women in the fields face a "significant risk fields face a "significant risk of sexual violence."
of sexual violence."
>> I disagree with the report, >> I disagree with the report, I disagree with the findings.
I disagree with the findings.
>> BERGMAN: Manuel Cunha is one >> BERGMAN: Manuel Cunha is one of the few representatives of of the few representatives of agri-business who would talk agri-business who would talk with us.
with us.
>> We know what's going on >> We know what's going on in our farms.
in our farms.
We're in the farms.
We're in the farms.
We don't just sit in our office.
We don't just sit in our office.
We go out actually in the field We go out actually in the field and train workers, and train workers, meet with workers.
meet with workers.
I don't see a lot of facts.
I don't see a lot of facts.
I see my industry every day, I see my industry every day, and we don't see it.
and we don't see it.
>> BERGMAN: Is there sexual >> BERGMAN: Is there sexual harassment, violence going on harassment, violence going on in the agricultural fields in the agricultural fields here in California?
here in California?
>> I will respond like this: >> I will respond like this: there is probably harassment there is probably harassment going on, not just in going on, not just in agriculture in California, but agriculture in California, but all businesses, state agencies all businesses, state agencies and even our capital, okay?
and even our capital, okay?
Is there some activities going Is there some activities going on in the agriculture industry?
on in the agriculture industry?
There probably is.
There probably is.
>> BERGMAN: So is it possible >> BERGMAN: So is it possible in your view that there is a big in your view that there is a big problem with sexual harassment problem with sexual harassment amongst your workers?
amongst your workers?
>> No, I can't say >> No, I can't say it's a big problem, no.
it's a big problem, no.
>> I believe that the employers >> I believe that the employers are in total denial and they are in total denial and they will often take the word of the will often take the word of the foreman or the manager against foreman or the manager against the woman if she does come the woman if she does come forward, and women know this.
forward, and women know this.
They know that they are not They know that they are not going to be heard, they know going to be heard, they know that nobody is going to be there that nobody is going to be there to support them and protect to support them and protect them.
them.
>> BERGMAN: You know Dolores >> BERGMAN: You know Dolores Huerta, you know who she is.
Huerta, you know who she is.
>> Yes.
>> Yes.
>> BERGMAN: Can I read you >> BERGMAN: Can I read you something she said?
something she said?
>> Please.
>> Please.
I'd like to hear her comment.
I'd like to hear her comment.
>> BERGMAN: Okay.
>> BERGMAN: Okay.
She says that this sexual She says that this sexual harassment that we're talking harassment that we're talking about is an epidemic in the about is an epidemic in the fields.
fields.
>> Dolores Huerta, >> Dolores Huerta, bring me those cases.
bring me those cases.
Dolores Huerta, go have your UFW Dolores Huerta, go have your UFW go picket the grower if all go picket the grower if all these cases have been going on.
these cases have been going on.
If our growers know If our growers know there is a problem, there is a problem, we are going to deal with it.
we are going to deal with it.
Why didn't you go to the grower?
Why didn't you go to the grower?
And tell me that, "Because, And tell me that, "Because, well, we were fearful for well, we were fearful for their jobs and their lives."
their jobs and their lives."
No, that's a poor excuse.
No, that's a poor excuse.
>> BERGMAN: Representatives >> BERGMAN: Representatives of agribusiness say to us, of agribusiness say to us, "Yes, there's sexual harassment "Yes, there's sexual harassment in our industry, but it's no in our industry, but it's no different than the rest of different than the rest of America," and what we find is America," and what we find is there are no statistics.
there are no statistics.
So what evidence do you have?
So what evidence do you have?
>> The personal testimony of >> The personal testimony of those women that I've met with.
those women that I've met with.
The tears in their eyes, The tears in their eyes, the anguish in their face, the anguish in their face, the humiliation.
the humiliation.
You can say that my information You can say that my information is simply anecdotal.
is simply anecdotal.
But when the same information But when the same information repeats itself?
repeats itself?
The stories I've heard The stories I've heard on my travels throughout on my travels throughout the United States are the same.
the United States are the same.
And you want to know something?
And you want to know something?
I learned a long time ago that I learned a long time ago that when it comes to these when it comes to these situations, believe the women.
situations, believe the women.
Believe the women.
>> BERGMAN: "Believe the women" >> BERGMAN: "Believe the women" is what the jury was asked to do is what the jury was asked to do in the case against Evans Fruit in the case against Evans Fruit in Yakima, Washington.
in Yakima, Washington.
In the spring of 2013, In the spring of 2013, 14 women would testify, 14 women would testify, and described multiple incidents and described multiple incidents of sexual harassment of sexual harassment by Evans's foreman Juan Marin by Evans's foreman Juan Marin and other crew leaders.
and other crew leaders.
>> BERGMAN: I'm just going to >> BERGMAN: I'm just going to read to you a couple of things read to you a couple of things that women said under oath, that women said under oath, okay?
okay?
So Magdalena Alvarez, she says, So Magdalena Alvarez, she says, "He started grabbing me, "He started grabbing me, grabbing my private parts.
grabbing my private parts.
He started touching my breasts, He started touching my breasts, he put his hands on my legs, he put his hands on my legs, and I moved them away, and he and I moved them away, and he put them back on my legs."
put them back on my legs."
And then she goes on and on And then she goes on and on and on, and this is under oath, and on, and this is under oath, you know, she's testifying.
And similarly...
So you don't know who she is?
Aurelia Garcia.
Cesilia Lua.
>> BERGMAN: Evans Fruit denied >> BERGMAN: Evans Fruit denied any knowledge of or any knowledge of or responsibility for the alleged responsibility for the alleged misconduct by Juan Marin.
misconduct by Juan Marin.
>> Evans Fruit, the company >> Evans Fruit, the company itself, really doesn't know what itself, really doesn't know what happened.
happened.
Juan Marin has told a number Juan Marin has told a number of different stories.
of different stories.
>> BERGMAN: Brendan Monahan >> BERGMAN: Brendan Monahan represents Evans Fruit.
represents Evans Fruit.
>> It's impossible for the >> It's impossible for the company to say what happened company to say what happened in the orchard.
in the orchard.
But you can't make these broad But you can't make these broad assertions that Juan Marin is a assertions that Juan Marin is a bad person and sexual harassment bad person and sexual harassment occurred and therefore find the occurred and therefore find the company liable.
company liable.
>> BERGMAN: After weeks of >> BERGMAN: After weeks of testimony, the jury unanimously testimony, the jury unanimously ruled in favor of Evans Fruit, ruled in favor of Evans Fruit, concluding that according to the concluding that according to the evidence, none of the women evidence, none of the women had been subjected had been subjected to sexual harassment.
>> What the jury concluded was >> What the jury concluded was that the women were not credible that the women were not credible when they described the events when they described the events that allegedly happened to them.
that allegedly happened to them.
In many instances, the testimony In many instances, the testimony was in direct conflict with was in direct conflict with prior testimony that these women prior testimony that these women had given before.
had given before.
We illustrated those We illustrated those inconsistencies for the jury.
inconsistencies for the jury.
>> BERGMAN: But there were >> BERGMAN: But there were stories the jury never heard.
stories the jury never heard.
We discovered that Juan Marin We discovered that Juan Marin had previously been accused had previously been accused of sexually assaulting of sexually assaulting a female worker.
a female worker.
Let me show you something.
Let me show you something.
This is from 1993.
This is from 1993.
>> Oh my goodness.
>> BERGMAN: We did a search >> BERGMAN: We did a search of the files here in Yakima, of the files here in Yakima, and here is a complaint: and here is a complaint: "Mr. Marin moved his hand up to "Mr. Marin moved his hand up to her left breast, squeezing it."
her left breast, squeezing it."
But you don't remember this.
>> BERGMAN: Never happened.
>> BERGMAN: Never happened.
You don't remember the police You don't remember the police coming to talk to you about it?
>> BERGMAN: The jury also did >> BERGMAN: The jury also did not hear Jacqueline's story, the not hear Jacqueline's story, the young woman who first brought young woman who first brought the case with her mother.
the case with her mother.
Jacqueline was murdered Jacqueline was murdered in an unrelated incident.
in an unrelated incident.
The judge dropped her from the The judge dropped her from the case, along with her mother, case, along with her mother, Angela Mendoza.
>> BERGMAN: Doesn't it really >> BERGMAN: Doesn't it really start with Angela?
start with Angela?
She says you were harassing She says you were harassing her daughter.
>> BERGMAN: You say that Angela >> BERGMAN: You say that Angela Mendoza misunderstood you.
>> BERGMAN: She says that you >> BERGMAN: She says that you asked her for her daughter.
asked her for her daughter.
>> Oh my God.
>> Oh my God.
>> BERGMAN: That you promised >> BERGMAN: That you promised to take care of them if her to take care of them if her daughter had kids with you.
>> BERGMAN: Is Juan Marin >> BERGMAN: Is Juan Marin credible?
credible?
>> Very good question.
>> Very good question.
Is he credible?
Is he credible?
On a number of instances, On a number of instances, we believe the answer is no.
we believe the answer is no.
>> BERGMAN: Do you see how some >> BERGMAN: Do you see how some people would say there was people would say there was something going on, but they something going on, but they were looking the other way?
were looking the other way?
They left the management, for They left the management, for instance, of the Rattlesnake instance, of the Rattlesnake Ranch in Sunnyside to a man Ranch in Sunnyside to a man who was possibly deeply flawed.
who was possibly deeply flawed.
>> I think that there are >> I think that there are some elements to that statement some elements to that statement that are reasonable.
that are reasonable.
And I think it's reasonable And I think it's reasonable to say that Evans Fruit trusted to say that Evans Fruit trusted Juan Marin, and in retrospect Juan Marin, and in retrospect probably shouldn't have trusted probably shouldn't have trusted him to the level that they did.
him to the level that they did.
>> BERGMAN: You've said that in >> BERGMAN: You've said that in fact, this case has made a big fact, this case has made a big difference here in Washington.
difference here in Washington.
>> I think that this case has >> I think that this case has fundamentally changed the fundamentally changed the industry.
industry.
I really do.
I really do.
We've done trainings all across We've done trainings all across the industry so that crew leads, the industry so that crew leads, orchard managers, foremen know orchard managers, foremen know how to identify sexual how to identify sexual harassment, know how to harassment, know how to document it, know how to document it, know how to report it.
report it.
>> BERGMAN: So what you're >> BERGMAN: So what you're saying is that the EEOC has saying is that the EEOC has succeeded.
succeeded.
>> I think they have, >> I think they have, and I've told them that.
and I've told them that.
I told them that I told them that before this case went to trial.
before this case went to trial.
They changed the industry before They changed the industry before this case ever went to trial.
this case ever went to trial.
>> BERGMAN: Evans would >> BERGMAN: Evans would institute a sexual harassment institute a sexual harassment policy even though it is not policy even though it is not required in Washington state.
required in Washington state.
In fact, only three states In fact, only three states require that supervisors receive require that supervisors receive sexual harassment training.
sexual harassment training.
As for Danelia Barajas and As for Danelia Barajas and Cesilia Lua, they are still Cesilia Lua, they are still suing Juan Marin personally.
>> BERGMAN: For many women, >> BERGMAN: For many women, fear continues in the fields.
fear continues in the fields.
Maricruz Ladino was one of the Maricruz Ladino was one of the few who had the courage to sue few who had the courage to sue her employer.
her employer.
And after four long years, And after four long years, she settled her lawsuit.
Captioned by Captioned by Media Access Group at WGBH Media Access Group at WGBH access.wgbh.org >> For more on this and other >> For more on this and other Frontline programs, visit our Frontline programs, visit our website at pbs.org/frontline.
Frontline's "Rape in the Fields" Frontline's "Rape in the Fields" is available on DVD.
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