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Has there ever been an assault on Survivor?

The Backstory. Beginning on Day Two, contestant Kellee Kim reported in on-screen confessionals that she was uncomfortable with excessive touching from fellow tribe mate, Dan Spilo. Following the premiere episode, the situation was ignored until the alleged touching came up again on Day 22 (of 36).

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After weeks of controversy and complications, Survivor's 39th season came to a close on Wednesday night. While most seasons end with a discussion of how worthy the winner was, this season was marred with a series of sexual harassment allegations against contestant Dan Spilo. The series was heavily criticized for how it handled the allegations, failing to recognize the gravity of the situation until the season was nearly over. Subsequently, Survivor never managed to fully recuperate. This year's finale reunion was repurposed to give Kellee Kim, the contestant who filed the complaint and was immediately voted off, a chance to speak freely about her experience for the first time.

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But all of that feels a bit too late. If anything, this season of Survivor reads like a case study of how society prioritizes the experiences of people accused of sexual impropriety over the experiences of victims, suggesting that there's a threshold of human collateral that must be met before someone is held accountable for their actions. Sure, this season has resulted in a series of rule changes to the game, as well as the barring of Spilo from the finale, but the fact stands that Kim wasn't given the agency she deserved until it was too late.

The Backstory

Beginning on Day Two, contestant Kellee Kim reported in on-screen confessionals that she was uncomfortable with excessive touching from fellow tribe mate, Dan Spilo. Following the premiere episode, the situation was ignored until the alleged touching came up again on Day 22 (of 36). The experience drove Kim to tears in another on-camera interview. Her experience was corroborated by other female players, prompting production to have a series of one-on-one meetings with every contestant. Spilo was given a warning but remained in the game. At the next Tribal Council, all but one of Kim's allies turned against her and voted her out, keeping Dan. Janet Carbin, the matriarchal contestant who sided with Kim, was blindsided by the decision, with two female contestants recanting their accounts after the fact, seemingly discrediting Kim's experience. After a heated discussion about believing victims during the next episode, the situation was not brought back up again until Day 34. Spilo, still in the game, was unceremoniously removed and barred from the final Tribal Council, where contestants return to crown a winner. More allegations had been filed against him after an off-screen run-in with a producer following a challenge. This content is imported from youTube. You may be able to find the same content in another format, or you may be able to find more information, at their web site.

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Survivor: Island of the Idols - Kellee Blindsided Watch on

What Kim Had to Say

The finale reunion was a game of "who's missing?" Spilo was uninvited to the finale via producers, instead releasing a statement to People, where he apologized for his behavior. Contestant Jack Nichting also passed on the finale, though he had no direct connection to this season's controversy. Elizabeth Beisel, one of the women who used Kim's allegations as leverage to vote her out, also skipped the night, presumably hoping to avoid similar backlash that she faced online following the airing of Kim's ouster. In the most poignant moment of the night, host Jeff Probst sat down with Kim to discuss how the situation had been handled. In a succinct statement, Probst apologized to Kim during the live-to-tape broadcast that was filmed hours before last night's airing, saying, "You were right. You were right to speak up. You were right to step forward despite a lot of risks. And to speak your truth. And I want to acknowledge and apologize for your pain." At that point, Kim was allowed to come forward with her own account. Prior to the finale, The New York Times reported that Kim would only come to the reunion if given the liberty to speak openly, where she pointedly said of her time on the series, "I felt like I spoke up and was not being supported and believed."

Her final thoughts, as stated on the Survivor reunion, are below:

We can’t really go back and change what happened to me and what happened to other people. I think the most important thing when I think about this situation and what have you is that I hope that this season of Survivor isn’t just defined by inappropriate touching or sexual harassment. I hope that is defined by change. I feel like I can be really proud of the fact that I spoke up and asked for those changes, and CBS and Survivor are making those changes because I asked. I have to fundamentally believe at the end of the day that individuals and institutions are capable of change. And as a result of this season, many of us have had these hard conversations. We have learned a lot and I think we are still learning. And ultimately my biggest hope is that each one of us, each individual, each institution, each organization, and especially CBS and Survivor, can take this and learn from it and do better. I fundamentally believe that we can do better

How CBS Has Started Changing

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In response, Survivor has been subject to a firestorm of criticism. Prior to this Wednesday's finale, CBS came forward with a series of steps it would take to protect contestants, including a confidential, on-site professional that contestants could consult with. The series also plans on introducing a more rigorous anti-harassment training before filming, as well as guidelines barring unwanted touching between all parties involved in producing Survivor. This content is imported from youTube. You may be able to find the same content in another format, or you may be able to find more information, at their web site.

Survivor Island of the Idols: Dan Removed Watch on

Though the experience was a moment of learning for the reality series, it's hard not to feel like it's simply too little, too late. And while it's great that CBS and Survivor has implemented new rules, it comes at the expense of what is essentially a "test and learn," using real humans as experiments for policy change. If she wanted, I'd hope that the series would bring Kim back to compete again on her own terms. But it remains an issue that Survivor, who claimed it was an unprecedented experience regardless of past issues involving sexual harassment, was required to play catch up on sexual harassment provisions at the expense of a victim's experience. Survivor proved that as of Season 39, it no longer leads the pack in terms of how progressive a reality series can be. Unless its policy changes usher in a revamped series that creates a safe space for all who play, America's pioneer of reality competition TV should consider its torch as good as snuffed. Justin Kirkland Writer Justin Kirkland is a Brooklyn-based writer who covers culture, food, and the South. Along with Esquire, his work has appeared in NYLON, Vulture, and USA Today.

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