Burden of Proof

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I’m a little tired of seeing conservatives bemoan the lack of due process in the Kavanaugh situation. Where’s the presumption of innocence, they want to know? But we’re not talking about criminal law here. No one to my knowledge has suggested arresting and trying Brett Kavanaugh in a criminal court on charges of attempted rape. Rather, Judge Kavanaugh is being scrutinized for a lifetime appointment on the highest court in the United States.

Two women have come forward to accuse Kavanaugh of sexual assault in high school and college respectively. This is not a small matter. It goes directly to the character of a proposed sitting Justice of the Supreme Court. And, if true, it indicates an attitude toward women that is incompatible with Supreme Court decisions on the myriad issues affecting women in this country.

I am not saying Judge Kavanaugh is guilty. But the allegations must be brought forward in a transparent and fair hearing by the senators who will decide whether or not to vote for Kavanaugh’s confirmation. Unfortunately, many Republican senators have already decided that they do not believe Christine Blasey Ford. Public statements by Lindsay Graham and Mitch McConnell clearly indicate that they will vote for Kavanaugh’s confirmation no matter what Ms. Ford or other witnesses say.

Judging from social media, conservatives have all decided that Brett Kavanaugh is a good man being wrongly smeared. How do they know? I don’t think any of my Facebook friends are personally acquainted with Judge Kavanaugh. They are simply taking the partisan line, which is unfortunately the default in this country of late.

But there are many open questions. What does the reference to “Renate Alumnius” in Kavanaugh’s yearbook mean? Is it a reference to the alleged sexual conquest of a girl named Renate he and his friends knew in high school? What about the high school buddies who tell a tale of binge drinking and partying throughout high school? And why is Mark Judge, a man Ford claims was present when Kavanaugh attacked her, in hiding? If his friend Brett Kavanaugh is such an upstanding guy and there’s no truth to Ford’s accusation, you’d think he’d be eager to come forward and testify.

These questions about a Supreme Court nominee should give the Senate Judiciary Committee pause. And it should take the time to investigate the claims of the two women who have accused Kavanaugh. But even if the allegations are true, I doubt they will stand in the way of Kavanaugh’s confirmation. After all, when Anita Hill was practically dragged into the hearings by her hair to testify to sexual harassment by then-nominee Clarence Thomas, she was not believed. Rather, Thomas played the race card, declaring the hearing to be a “high-tech lynching.” I find that detail to be a bit ironic, as it’s usually liberals being accused of playing that particular card.

Many women have regrets over sordid sexual encounters with men. They may feel shame or disgust. But sexual assault engenders something else: fear. The women who have accused Kavanaugh have expressed such fear and its disabling effect on their lives. These women at least need to be heard and truly listened to. The mostly male Senate would do well to remember that these women are someone’s daughter. How would they wish their own daughters to be treated, not just by men such as Brett Kavanaugh but by their own deliberative body?

 

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