Nancy Gertner is a former U.S. federal judge known for her defense of women’s rights. Gertner has also seen firsthand how past poor responses to rape and sexual assault victims have led to an overcorrection now targeting innocent men accused of such heinous crimes.
Gertner, in a feature article for the American Prospect, told the story of “Paul,” who was accused of sexually assaulting a classmate several decades ago. Though the case against Paul was inconsistent and contradicted by evidence and witness testimony, the prosecutor and grand jury indicted Paul.
“The district attorney, though he fully understood the weaknesses of the case, felt compelled to bring the charges lest he face political repercussions, for being yet another politician ignoring a woman’s pain,” Gertner wrote. “Even the grand jury ignored their serious doubts about the case and indicted Paul. As I later learned from one of its members, they felt comfortable indicting Paul because I was rumored to be representing him and they assumed he would be acquitted.”
The jury was waived prior to trial due to potential bias (from a program aired about date rape) and the judge in the case found Paul guilty.
“While the judge expressed his skepticism throughout the trial — every single comment of his pointed to reasonable doubt about Paul’s guilt — his verdict was ‘guilty,’ ” Gertner wrote. “He did not say so explicitly, but the message seemed clear. If he acquitted Paul, he would be pilloried in the press. ‘Judge acquits rapist,’ the headlines would scream. But if he convicted Paul, no one would notice.”
Gertner took over Paul’s appeal and won. Because of her involvement in the case, Gertner received heat from women’s groups, who called her a “so-called women’s rights attorney” because she dared believe an accused man was innocent.
When she told activists about Paul’s case and why she thought he was innocent, Gertner recalled one activist yelling: “That is irrelevant!”
“The experience was chilling; to the picketers, a wrongful conviction and imprisonment simply did not matter,” Gertner wrote.
Gertner highlighted how the episode affected Paul for decades: He was expelled from college, even though he had done nothing wrong. It took him years to reapply and get his degree (meaning he lost years of earning potential) and “continues to suffer from the stigma of the accusation to this day.”
Gertner is one of 28 current and former Harvard Law professors who signed a letter against the school’s new sexual assault policy.
Gertner, in her Prospect article, relates how the issue of campus sexual assault has shifted so far in the other direction as to create an atmosphere ripe for wrongful accusations.
“The new standard of proof, coupled with the media pressure, effectively creates a presumption in favor of the woman complainant,” Gertner wrote. “If you find against her, you will see yourself on ’60 Minutes’ or in an [Office for Civil Rights] investigation where your funding is at risk. If you find for her, no one is likely to complain.”
This is the plight of many college men. While activists can spout (often questionable) statistics suggesting false accusations are rare, they advocate for policies that would likely result in and even encourage an increase in that number.
