Is it Time to Tap the Brakes on Me Too?

Sexual misconduct is a serious matter. Certainly, I would agree, that behavior such as attempted rape and harassment would be disqualifying conduct for a seat on the Supreme Court, and frankly for any other job involving the public trust. I further understand that this is a sensitive issue, especially for victims. They absolutely should not fear being re-victimized as a consequence of reporting their abusers.

False allegations are, likewise, a serious matter. They may be rare, but they are not unheard of. Despite the serious nature of sexual misconduct, we should never forget that American jurisprudence is founded on the idea of a presumption of innocence. The system is sometimes inconvenient, to be sure, but it is vital to the rule of law and the functioning of a just society.  Certainly this means that guilty people sometimes escape justice. This is unfortunate, but far better than the alternative—the injustice of innocents paying, possibly dearly, for offenses they did not commit.

I have no idea whether Brett Kavanaugh is guilty of the allegations of misconduct 36 years ago of which he has been accused. I have a hunch, but it is only just a hunch. I do know this. Outside of God, no one but Kavanaugh and Blasey-Ford really do know. I do not wish to malign Dr. Ford in any way, but the fact is she has offered scant details about this alleged attack which by her own admission she mentioned to no one for more than 30 years. Potential witnesses have failed to corroborate her claims. Now, a second Kavanaugh accuser, with an eerily similar story has come forward claiming the judge exposed himself to her at a party 35 years ago when they were at Yale together. As with Ford’s allegations, Ramirez has offered scant details and there is little, if any, corroboration and absolutely no hard evidence.

Kavanaugh’s appointment to the court was on the ropes, so to speak, as it was, so this latest accusation will likely put an end to his prospects to serve on the court. That is regrettable. Not because I’m certain that he is innocent but because I’m not certain he isn’t. I don’t think we want to become a country where someone can destroy a political opponent, rival, or simply someone they didn’t like in school with allegations that cannot be proven or disproved. I fear we are heading that direction, on a slippery slope and picking up speed.

Women have worked hard in this country to achieve equal rights and fair and equal treatment. I would be the first to admit that although our society has made progress in this area, more remains to be done. That said, we cannot right the wrong of injustice to one group by perpetrating it on another. Women should not be dismissively silenced but nor should men be summarily condemned. We must hold people accountable for their actions but only through due process and allegations against those accused must be proven true rather than proven false. To that end, while the Me Too movement is generally a good thing for women and for America, we might want to tap the brakes on it when it starts to ruin lives without solid evidence. That may mean that some bad behavior goes unpunished, but it is necessary ensure that we do everything we can to make sure that only the guilty are punished. Right or wrong, the ends do not justify the means when the collateral damage is innocent people.

Moreover, such things have a habit of getting out of control. The next person accused just might be you. Will justice be done?

Leave a Reply

Your email address will not be published. Required fields are marked *