He Said, She Said

Thoughts from the Middle

He Said, She Said—

By Robert Fischer

Several weeks ago a last minute introduction of an accusation of sexual assault concerning Supreme Court nominee Judge Brett Kavanaugh started something bigger than most Americans clearly understand.  Dr. Christine Blasé-Ford, a credible witness, accused a former classmate of sexual assault when she was 15 and he was 18.  After years of service on the federal bench and having completed what most thought was a thorough vetting process, Kavanaugh, had been assured of approval given the political makeup of the Senate.

What do we make of this situation?  There were three issues at play in this drama– politics, individual rights, and the recent “me too” movement.  What does each contribute to the dilemma?

First, consider the political environment.  Partisan politics has become more bipolar than it has been for many decades.  Republicans are enjoying having control of the Executive and Legislative branches of the government, and relish their further option of shifting the Judicial branch to a conservative perspective.  In consideration of the move to get as many conservatives appointed to the Supreme Court, the Senate previously blocked President Barrack Obama’s nominee from appointment in order to allow the next President to make the appointment.  They were successful, and President Trump appointed his first conservative Supreme Court judge.  Then the second appointment was stalled by an accusation that benefited the Democrats.  Their view was that by stalling the appointment, they were not only gaining retribution for the Republicans blocking of the Obama appointment, but possibly gaining control over the House of Representatives and perhaps the Senate following the November elections.  What was there to gain?  The Democrats really didn’t want a Supreme Court judge who has, in his written works, declared that a sitting President should not be questioned regarding his/her actions while in office.  By blocking the appointment, they hoped to buy time to swing the Senate away from the Kavanaugh appointment.

Second, individual rights have made the legal issue of “innocent until proven guilty” part of our culture.  Every accused person is presumed innocent, and. it is the duty of the accuser to prove that the accusation is “true.” Thus, in the case of Judge Kavanaugh, the probability of proving an alleged sexual assault was nil.  Dr. Ford’s claim that Kavanaugh was at a party, drunk, and took her to a bedroom, might have been provable through collaborative statements of others at the gathering.  However, no one except Dr. Ford and the accused will ever know what might or might not have happened in that bedroom.  Judge Kavanaugh had to be given the benefit of the doubt since there was no tangible proof of an assault.  Senator Collins, in her statement before the Senate on October 5, 2018, clearly showed her understanding of this principle.  However, if the judge lied to the Committee regarding his attendance at the party (or other behavior), he was a liar and should not have been considered suitable to serve on the Supreme Court.

Third, what about Dr. Ford’s accusations?  It is fortunate that the “me too” movement has again brought to light decades of treating a woman’s accusations as less credible than a man’s denial. Dr. Ford’s experience is far too similar to that of Anita Hill during the Clarence Thomas hearings. The social values of the 1950s through 2000, regarding sexual assault and unwanted sexual advances, are slowly  changing.  Dr. Ford had no known ulterior motive for coming forward with her accusations.  The Senate Judiciary Committee generally found her to be a credible witness, with even President Trump stating that he found her testimony credible.  It is time that society fairly evaluates the way that some men have treated women sexually.   In today’s world, “No,” means “No”.  The old days of “No” means “maybe” or “yes” are gone.  However, the caveat still remains that while the complaint needs to be taken seriously, the presumption of innocence is still there.  There must be proof!  It can’t simply be a “He said, She said.” Accusations cannot be enough to convict!!