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How to Judge Sexual Assault Claims How to Judge Sexual Assault Claims
(2 days later)
To the Editor:To the Editor:
I was distressed to read “This I Believe About Blasey v. Kavanaugh” (column, Sept. 22), in which Bret Stephens joins the chorus of men saying that without definitive proof, innocence must be presumed.I was distressed to read “This I Believe About Blasey v. Kavanaugh” (column, Sept. 22), in which Bret Stephens joins the chorus of men saying that without definitive proof, innocence must be presumed.
Presumption of innocence is essential in a criminal trial. However, the Kavanaugh hearings are not a criminal trial. They are a job interview. In a job interview, the onus is on the applicant to demonstrate suitability.Presumption of innocence is essential in a criminal trial. However, the Kavanaugh hearings are not a criminal trial. They are a job interview. In a job interview, the onus is on the applicant to demonstrate suitability.
Odds are that the alleged attack happened too long ago to be corroborated. It may nonetheless be true. If an investigation leaves it in the plausible category, Brett Kavanaugh should not be confirmed. After all, he is applying for a job that will make him one of the most powerful people in the world. A credible accusation of assault might disqualify a man from a job as a fry cook. Why should a Supreme Court nominee be held to a lesser standard?Odds are that the alleged attack happened too long ago to be corroborated. It may nonetheless be true. If an investigation leaves it in the plausible category, Brett Kavanaugh should not be confirmed. After all, he is applying for a job that will make him one of the most powerful people in the world. A credible accusation of assault might disqualify a man from a job as a fry cook. Why should a Supreme Court nominee be held to a lesser standard?
Meg CameronRye, N.Y.Meg CameronRye, N.Y.
To the Editor:To the Editor:
Bret Stephens insists that people cannot possibly know what happened (if anything) in that room between Brett Kavanaugh and Christine Blasey Ford. And in the literal sense, he’s right. But most of the time we arrive at conclusions not by knowing something beyond a shadow of a doubt, but by considering how likely something is and what evidence we have to support it.Bret Stephens insists that people cannot possibly know what happened (if anything) in that room between Brett Kavanaugh and Christine Blasey Ford. And in the literal sense, he’s right. But most of the time we arrive at conclusions not by knowing something beyond a shadow of a doubt, but by considering how likely something is and what evidence we have to support it.
So it would be reasonable to begin in this case with the low incidence of false allegations of rape or sexual assault. Then we have to consider what possible motive Dr. Blasey would have to make a false allegation, especially considering the predictable blowback from pro-Kavanaugh forces (death threats, harassment, slander), and we’re inclined to think that a false allegation seems even less likely.So it would be reasonable to begin in this case with the low incidence of false allegations of rape or sexual assault. Then we have to consider what possible motive Dr. Blasey would have to make a false allegation, especially considering the predictable blowback from pro-Kavanaugh forces (death threats, harassment, slander), and we’re inclined to think that a false allegation seems even less likely.
Some Republicans have claimed it’s a calculated attempt by Democrats to derail Judge Kavanaugh’s nomination, but then we learn that Dr. Blasey shared the details of the attack with her therapist several years ago, well before the nomination or even Donald Trump’s election.Some Republicans have claimed it’s a calculated attempt by Democrats to derail Judge Kavanaugh’s nomination, but then we learn that Dr. Blasey shared the details of the attack with her therapist several years ago, well before the nomination or even Donald Trump’s election.
At this point, the possibility of a false allegation seems remarkably small.At this point, the possibility of a false allegation seems remarkably small.
Barbara WeinsteinNew YorkBarbara WeinsteinNew York
To the Editor:To the Editor:
Bret Stephens’s column was a calming voice in the midst of a heated debate. Despite being sexually assaulted in my youth, I agree that Brett Kavanaugh should be “presumed innocent.” But I disagree that this presumption, combined with an inability to prove Judge Kavanaugh’s guilt, should keep Dr. Blasey’s and others’ accusation from influencing senators’ votes.Bret Stephens’s column was a calming voice in the midst of a heated debate. Despite being sexually assaulted in my youth, I agree that Brett Kavanaugh should be “presumed innocent.” But I disagree that this presumption, combined with an inability to prove Judge Kavanaugh’s guilt, should keep Dr. Blasey’s and others’ accusation from influencing senators’ votes.
If Dr. Blasey’s story and the others are credible to senators, they should vote “no.” In doing so, they will ensure public faith in the moral character of our highest judges and the Supreme Court as an institution.If Dr. Blasey’s story and the others are credible to senators, they should vote “no.” In doing so, they will ensure public faith in the moral character of our highest judges and the Supreme Court as an institution.
May Kay PlantesLa Jolla, Calif.May Kay PlantesLa Jolla, Calif.
To the Editor:To the Editor:
Bret Stephens writes about Christine Blasey Ford’s allegations in a seemingly impartial and dispassionate way, and I appreciate several of his points. The nature of sexual assault, however, is one that doesn’t conform well to his arguments or, frankly, to our system of justice.Bret Stephens writes about Christine Blasey Ford’s allegations in a seemingly impartial and dispassionate way, and I appreciate several of his points. The nature of sexual assault, however, is one that doesn’t conform well to his arguments or, frankly, to our system of justice.
Sexual assault is overwhelmingly committed by people we know, in places we are supposed to feel safe, in ways that don’t leave behind definitive evidence of a crime. A tiny fraction of what is already a vastly underreported crime results in arrest, let alone prosecution, let alone conviction. Sexual assault is overwhelmingly committed by people we know, in places we are supposed to feel safe, in ways that don’t leave behind definitive evidence of a crime. The only difference — the only one — between sex and assault is consent, and the people who claim that they did have consent are supported by our cultural assumptions of who does and doesn’t get to say no, and when and how often. For these reasons, a tiny fraction of what is already a vastly underreported crime results in arrest, let alone prosecution, let alone conviction.
Mr. Stephens believes that Dr. Blasey should be able to provide “specific,” “definitive evidence” that can be “corroborated independently,” and that, if she doesn’t, “she will have smeared Kavanaugh.” And so even in his attempt to write evenly and impartially, he exposes the difficulties faced by victims of sexual assault and, perhaps unintentionally, perpetuates them.Mr. Stephens believes that Dr. Blasey should be able to provide “specific,” “definitive evidence” that can be “corroborated independently,” and that, if she doesn’t, “she will have smeared Kavanaugh.” And so even in his attempt to write evenly and impartially, he exposes the difficulties faced by victims of sexual assault and, perhaps unintentionally, perpetuates them.
Miller HoffmanCarlisle, Pa.Miller HoffmanCarlisle, Pa.