The #MeToo Movement, a movement to help survivors of sexual violence and to advocate against sexual violence and for systems that hold perpetrators more accountable, has already made itself known on Capitol Hill, triggering the downfall of numerous representatives like John Conyers (D-Mi.), and of Senator Al Franken (D-Minn.).

The dynamic is one that predates the entrance of the #MeToo Movement to the mainstream. The 2016 presidential campaign pitted the first female major party presidential candidate Hillary Clinton against Donald Trump, a man that has been accused by multiple people of sexual harassment. Female voters have always been less enamored with President Trump than their male counterparts, but the development of the #MeToo movement in October of 2017 widened that chasm.

#MeToo, which went viral after explosive reports against the media mogul Harvey Weinstein, has become a powerful social movement within the United States. It shone a bright spotlight on the depth and magnitude of the sexual predation in American society. The movement launched an intense, far-reaching and ongoing national conversation on how reprehensibly entire elements of American society has failed survivors of sexual violence and what lengths and means are best suited to ensuring it does better in the future.

Since the earliest days of #MeToo, the Democrats have largely embraced the movement – a trend evident in their primaries this election cycle. A record number of women ran in the 2018 Democratic primaries and a record number won out to be nominees in the general election Nov. 6. A historic one hundred women may serve in the House next year. The 2018 midterm cycle has been called “The Year of the Woman,” like the 1992 cycle after the Clarence Thomas hearings.

The movement has electrified Democratic voters and resulted in heightened awareness, fundraising and energy on the left, leading indisputably to a much more energized left coming into the fall of this year.

Then came the Kavanaugh confirmation hearings.

During the confirmation hearings for Supreme Court Justice Brett Kavanaugh, he was accused of sexual harassment and sexual assault. These allegations coming late in the process infuriated congressional Republicans who accused the Democrats of attempting character assassination and for the most part Republican voters agreed. They were angered by the Democratic senators’ treatment of Kavanaugh and a negative view on the #MeToo Movement quickly gained traction to voice an opinion that the #MeToo movement has gone too far.

The hearings and the anger they generated on Kavanaugh’s behalf saw a spike in energy on the right in opposition to #MeToo. Conservatives began to become more involved and active in the midterm cycle desiring to punish the Democrats who had attempted to smear Kavanaugh in their view.

Their argument is that, in this environment, to be accused is to be convicted in the public perception and that some sense of due process in the public opinion must be established.

The president, who has been accused by at least 15 individuals of sexual harassment, has aligned his party with this view, denouncing #MeToo at a number of his rallies and declaring, “It a very scary time in America to be a young man.”

The left was quick to fire back with the abortion rights group NARAL tweeting:

It’s a very scary time for young women in America, you know, because 1 in 6 of us have been the victim of rape or attempted rape. #BelieveSurvivors https://t.co/c6azjCM1aK

— NARAL (@NARAL) October 2, 2018

Political scientists perceive that this dynamic might signal a fundamental shift in American politics. Recent polls show Trump with staggeringly low approval ratings among women voters and that women in general seem to be trending more towards the Democratic Party.

No matter which side ultimately proves to be more energized in the midterms this cycle has been defined by the #MeToo Movement and American politics may continue to be molded by this force. A common term that has increased in usage since the Kavanaugh hearings is that of a gender war. Whatever happens Nov. 6, the debate over #MeToo will continue.

Photo courtesy of AP Photo/Andrew Harnik and iStockphoto.

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.

Typically, I welcome investigation into controversial topics that have varying accounts of what happened. Proper investigation is healthy and tends to maintain the truth. However, harsh criticism and denial of a victim’s story of sexual misconduct is not a proper investigation — it’s victim blaming.

When I was a freshman in high school, a 14-year-old who had just barely had her first kiss, I was molested. I can vehemently assure you that I was not asking for it. The boy who molested me, also 14, and I had been dating for about a week. The most intimate moments we had shared were goodbye hugs before leaving school. We hadn’t even kissed, despite his best efforts.

We were sitting together on the bus on our way to a marching band festival about two hours away. I ended up falling asleep on his lap, a place that I should have, and at the time did, feel safe. When I woke up his hand was underneath my bra, fondling my breasts. I didn’t know how long he had been doing it and I certainly never gave him permission. I wanted to scream but instead I was frozen in shock. Even at 14 I knew that if I said anything, screamed at him or made a scene I would be considered and called a slut, whore or [insert demeaning adjective of choice here]. So I stayed silent, pretended to wake up and then moved seats.

The boy and I were, technically, in a relationship. I did not want or ask him to do what he did, and the sexual assault I suffered definitely counts. I believe that saying what a person is wearing is “asking” for sexual assault is wrong and places the blame of sexual misconduct on victims for wearing their clothing of choice. Last time I checked, clothes do not have the ability to say the word yes, so they cannot imply consent. I was wearing sweatpants, a t-shirt and a sports bra. Even if clothing did imply consent, which it does not, what more should one wear? It took me over four years to tell my family and, via this article, the public, what happened to me. My story is true regardless of how long I took to come forward.

I’m using my story as an example of how hard it can be for a victim to tell the story of their assault. I’m not asking for pity or apologies. The only thing I have to gain from coming forward is the possibility that someone begins to see just how damaging victim blaming and the resulting discrediting of sexual abuse are. It took me years to tell people what happened to me because I was afraid they would look at me differently or, as is typical in these situations, blame me for the action in which I was the victim.

That’s why the #MeToo and #TimesUp movements are cathartic for victims and are making great change in our society. Victims now feel more secure coming out with their stories knowing that, despite all of the public scrutiny and blame they will have to endure, at least they now have allies.

In spite of all the progress these movements are making, each instance of a victim coming forward is accompanied by the typical barrage of attacks with the intent to discredit her story. People need to realize that victim blaming is disgusting and damaging to a victim who finally gathered the strength to come forward. It is not helpful in finding out whether or not the account is true. In fact, victim blaming creates an atmosphere of validation for the perpetrator of sexual abuse, one in which they have no need to feel guilt over what they have done.

Victim blaming attempts to discredit a victim’s account of the sexual assault they endured. By placing blame for the sexual abuse on the victims, people are not giving the victims’ voices a chance to be heard. Instead they are effectively allying themselves to the accused perpetrators. Doing this assures the accused perpetrator that what they did is excusable. By discrediting the victim and reassuring the perpetrator, victim blaming reinforces a perpetrator’s power and consequently makes it okay for people to commit sexual assault guilt-free.

Whether it takes four minutes or 40 years for a victim to share the abuse that they suffered, listen to the victim and realize that you would be hard-pressed to find someone who would subject themselves to the kind of public scrutiny victims have to endure if they were not telling the truth. Victims’ stories show us the dark side of oftentimes beloved people, which is difficult to handle but in no way permits victim blaming.

We live in a world where people think it is okay to commit sexual assault. It is not just grizzly old men in the back of white vans against whom people must take caution. More often than not it is someone who thinks their actions are justified, that the victim’s body is theirs for the taking. The boy who molested me was 14. The fact that he thought what he did was okay reveals how pressing this issue is.

The #MeToo and #TimesUp movements send a message that no, boys will not and cannot just be boys. Boys, by boys I mean everyone, must be taught that sexual assault is unacceptable and wrong. Rape culture, and by extension victim blaming, permeates every part of our society from Hollywood to small college campuses. By taking a stand against sexual abuse and showing that we as a society will not tolerate it, the #MeToo and #TimesUp movements are working to change the culture in which we currently live. But more must be done. We need to raise a better generation of people, people who are taught that sexual abuse is not okay just like they are taught the ABC’s.

In short, what I’m saying is that it’s time to listen to victims without blaming them. Take a stand against accused sexual abusers and contribute to the culture change. And also, TBH… #MeToo.   

Photos by Christina Kirk.