Justice Kavanaugh and Christine Blasey Ford during hearing about Ford’s allegations of Kavanaugh of sexual assault.

Amidst extreme controversy, Brett Kavanaugh was confirmed to the United States Supreme Court Oct. 6 in a 50 to 48 vote.

This story has dominated the news cycle as three women have accused Kavanaugh of sexually assaulting them while they were in high school or college with Kavanaugh.

The accusation that has gained the most attention is that of Christine Blasey Ford. Ford says that while at a party in high school Kavanaugh attempted to sexually assault Ford by pinning her down and trying to remove her clothes.

Deborah Ramirez, Kavanaugh’s classmate at Yale, came forward and said that Kavanaugh exposed himself to her during a party.

Julie Swetnick, while not accusing Kavanaugh of directly assaulting her, has said that she was present at high school parties where girls would be drugged in order for them to be gang raped.

Swetnick claims that Kavanaugh was a part of the group of boys who would drug and gang rape women. She says that she has personally witnessed Kavanaugh display abusive behavior toward women.  

Before discussing the merit of these claims, it is important to note a few things.

First, this is a complicated issue. Due to the circumstances surrounding the accusations, being from over 30 years ago, there will not be a simple answer to the question of whether or not Kavanaugh assaulted these women.  

Second, when discussing accusations from long ago, we must realize that there will likely be no physical evidence to corroborate any accusation. We must also confront the likelihood that we will probably never be able to make an absolute claim about whether these accusations are true or not.

Third, we must acknowledge that both sides of the political spectrum will try and use these accusations to their advantage. It is important that we try and maintain some sort of objectivity.

With that being said, I believe we should always predispose ourselves to believe victims. We should believe those who are less powerful because they are likely suppressed by society.

However, predisposing ourselves to believe victims has to be balanced with not automatically assuming the guilt of the accused.

We can believe those accusing someone of sexual assault but still hold that it is necessary to investigate these claims and substantiate them before treating the accused as guilty.

I believe the FBI investigation into the allegations against Kavanaugh is a warranted and appropriate investigation to consider in deciding whether these claims are substantiated.

The conclusions of the FBI report have been released to only senators. The FBI said that they reached out to 11 people to interview and ultimately interviewed 10 for their report.

Most notably absent from the interviewees was Ford and Kavanaugh. Democrats have used this fact to claim the investigation is a farce and Republicans have claimed it was not necessary for Ford and Kavanaugh to be interviewed because they testified before the Judiciary Committee.

The White House said that the goal of the FBI investigation was to determine if there was anyone who had first hand accounts of these incidents. The conclusions of this report have not been made public.

While the absence of the FBI’s findings makes it harder to take a stance on whether these assaults occurred, I speculate that the FBI could find no one else who witnessed these assaults first hand, or at least no one who wants to admit they were there.

Though the results of the FBI investigation might change my opinion, I believe that Ford is probably telling the truth. I do not buy the argument that she must be lying because she is just now coming forward.

To conceal and not talk about a traumatic event, such as this assault, is consistent with behavior of a victim of assault.

Ford does not have corroborating evidence for her story, but has released therapy notes and signed affidavits, by Ford’s husband and some close friends, which confirm Ford’s story.

Though I believe Ford, I do not think that there is enough evidence to disbar Kavanaugh from being on the Supreme Court – though the release of the FBI’s finding could change this opinion.

Do not be mistaken, this conclusion saddens me. I think that if there was corroborating evidence to support the claim that Kavanaugh attempted to rape Ford it should immediately disqualify Kavanaugh from being on our country’s highest court.

However, I cannot condone disbarring Kavanaugh based on claims that cannot be corroborated, even if I personally feel that the claims are true.

It truly makes me fearful that, if Ford’s claims are true, someone can rise to one of the highest positions in society while committing such an atrocity. Even if the crime was committed 30 years ago, there is no excuse for this type of behavior.

I hope that even though Kavanaugh is confirmed, the conversation surrounding sexual misconduct in society will not stop.

We may never know if Ford or Kavanaugh is telling the truth and this fact makes me feel helpless. Balancing the tension between believing victims and not assuming guilt of the accused will be a continual struggle for society.

Photo courtesy of wsj.com.

Justice Kavanaugh and Christine Blasey Ford during hearing about Ford’s allegations of Kavanaugh of sexual assault.

Nobody should be considered guilty until proven innocent in the United States. However, this is exactly what occurred during the Brett Kavanaugh confirmation process.

Kavanaugh was immediately demonized by much of the Democratic Party after Christine Blasey Ford’s allegation that he had sexual assaulted her in high school. He was deemed guilty in the eyes of many before any evidence was made public, and before his right of due process. Kavanaugh was not given an opportunity to state his recollection of events until after he was presumed guilty by nearly every Democratic Senator.

Because of the #MeToo movement, Justice Kavanaugh was denied the universal human right of a presumption of innocence and was rejected his constitutional right to due process until after he was believed to be guilty. #MeToo is setting a dangerous precedent around politics and around the judicial system.

Kavanaugh’s confirmation process was correctly stated to be the politics of “search and destroy.” It was an embarrassment to the prestige of our political institutions and an embarrassment of the American people.

The standard that the #MeToo movement is placing upon the law is one that should deeply worry the American public. This standard is rejecting due process and stating that if you are accused, it is because you are guilty. There is no ability to clear your name even if the allegations are proven to be false.

In the instance of Kavanaugh, an FBI investigation was conducted to determine if there was any evidence that would support the claims made by Ford. After a week, the conclusions of the investigation stated that there was not substantial evidence to prove the guilt of Kavanaugh.

There was no evidence, yet most Democrats will only recognize him as a sexual assaulter. No amount of evidence will cause them to change their mind about Kavanaugh. This is a rejection of the core of American values and a rejection to the notion innocent until proven guilty.

The #MeToo movement is driving us back to the Salem Witch Trials in its understanding of the law. One accusation can ruin the life of someone even if there is no evidence that supports the claims against you. You can be hanged in the eyes of the public because there is no true form of due process.

The law is no longer about proving someone’s guilt beyond a reasonable doubt, because in the eyes of this movement, an accusation means that the accused is guilty beyond any reasonable doubt. There is no innocence to prevail. Facts are irrelevant in the eyes of their understanding of the law.

The U.S. has due process because sometimes people do lie. As horrible as it may seem, some women do lie about being sexually assaulted. This is why having the right of due process before being guilty in the eyes of the public is so necessary. We cannot allow for people to be guilty just because we believe sexual assault to be a horrific action. Men can be innocent. But if they are not, they should be brought to justice, not by protests, screaming and violence, but through the courts and the legal system.

People having their first instinct to believe the accuser in a sexual assault allegation is a fair belief, but the ultimate decision should be based upon facts. Emotions are not a credible basis to convict. Without substantial evidence, one cannot be found guilty. This is not a precedent to protect men from being convicted of sexual assault, it is a precedent to protect all citizens from being wrongfully convicted.

In the case of Kavanaugh, there was no corroborating evidence discovered meaning that he cannot be found guilty in a court of law. Even in the court of public opinion, fairness should prevent conviction without clear evidence.

If the FBI investigation continues, and true corroborating evidence prevails, then Kavanaugh should be impeached from the bench. But with the lack of evidence, Kavanaugh has not been proven guilty and thus has every right to sit on the bench of the Supreme Court.

Disagreeing with the confirmation of Kavanaugh due to his political beliefs is one thing, but making his confirmation process strictly about an allegation that has yet to provide any substantial evidence is a shameful tactic. It was not fair to the accusers nor was it fair to Kavanaugh.

If the new standard created by the #MeToo movement continues to take hold in our judicial system, we will lose our right to prove our innocence and any accusation against us will mean obvious guilt.

Sexual assault allegations must always be taken seriously and those who make those allegations always deserve to be heard. Yet, those who are accused also deserve to be heard. The #MeToo movement has taken one injustice and replaced it with another.

Sexual assault cases should not be a partisan issue but this is what the #MeToo movement has done. By heavily politicizing every sexual assault allegation, the facts are now irrelevant. The public cannot find someone guilty on baseless allegations. We cannot convict by accusation.

Photo courtesy of wsj.com.