Judge Brett Kavanaugh was already a nominee disliked by many before accusations of sexual misconduct threw his confirmation process into a mire and made Kavanaugh a target of death threats and national hatred. The investigation of these claims has turned Kavanaugh’s once likely confirmation into a national debate.
Amid discussion of his teenage social life, calendar, and drinking habits, what doesn’t seem to matter is that there is little to no evidence that Kavanaugh is guilty of the crimes of which he is accused. In the world of #MeToo, we are facing a culture where evidence is not mandatory for a perpetrator’s conviction. Instead, we have cultivated an atmosphere of “guilty until proven innocent”, which is leading our culture down a slippery slope of sexism and injustice. But where does that leave innocent men?
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There are, of course, horrific crimes that are unacceptable, despicable, and have no place in our society. As a result, accusations like these must be taken seriously. It is also true that every victim (or potential victim), including the Kavanaugh accusers, has a right to be heard.
The difference, however, is that they do not have a right to be believed.
This sentiment is not shared by the supporters of the #BelieveSurvivors and #BelieveWomen campaign. Spearheaded by Sens. Kamala Harris, D-Calif., and Kirsten Gillibrand, D-N.Y., the campaign advocates for a “believe first, confirm second” approach to reports of sexual violence. Unfortunately, this approach is in complete opposition to our current legislative system. No matter how horrific the accusation, our justice system requires a burden of proof. Consider the alternative: failing to require proof in the form of genuine evidence would be to hand women a dangerous tool — the ability to accuse any man of these crimes and ruin his life on a dime.
The #MeToo movement has encouraged a rush to judgment, resulting in the premature and irreversible ostracization of many innocent men. This is particularly poignant when realizing that the FBI has cited that an average of 5.5 percent of rape accusations are false. In fact, false claims of rape are five times more likely than false claims of other crimes. In a world where women can accuse a man and be automatically believed, how can any man safely offer or deny a woman a promotion, a ride home, or even a cup of coffee without feeling extraordinarily on edge? Arguably, these are all positives for women. And, in the end, this power imbalance produces a set of perverse incentives that do a disservice to everyone involved.
False accusations of rape and assault are nothing new. A prominent example is the 2006 Duke lacrosse case, in which three members of the Duke University lacrosse team were falsely accused of rape. The accusation resulted in the suspension of the entire team, the cancellation of the Duke lacrosse season, and the resignation of the head coach. But all the boys were later exonerated due to lack of evidence and a “tragic rush to accuse.” While the prosecutor was subsequently disbarred, their accuser was not charged with any crime.
In another more recent example, two men were released in March after serving 26 years in prison for a crime that the accuser, who won’t face charges herself, now admits never happened. While these crimes took place before the spread of the #MeToo mentality, they exemplify the growing lack of accountability for accusers. They also demonstrate the increasingly common idea that society is embracing a new standard for justice that allows for the destruction of someone’s reputation and career — without corroboration.
The validation of accusations without requiring evidence does a massive disservice to those who have suffered from genuine attacks. The publicity and the ease with which accusers are considered credible allows for an influx of accusations rooted in other incentives and makes it harder for actual victims to get the help and support they deserve. In cases like Kavanaugh’s, it also gives accusers the powerful opportunity to discredit someone without an inkling of discernible proof and without fear of legal retribution. While the #MeToo movement claims that its mission is to “support survivors and end sexual violence,” it cannot succeed in this unless it is supporting actual survivors. As the system becomes more diluted, it becomes harder to distinguish true perpetrators and put them in jail.
Instead of blanket support for all accusers, we should instead help educate victims on how to get help and support, how to report, and how to ensure that their attackers are punished swiftly and accordingly.
Rachel Tripp is a writer from Washington, D.C., and a Young Voices contributor.
