Very few women have made it past the age of 30 without having experienced sexual assault, sexual harassment, or lewd chauvinistic behavior. Few women ever report, and when they do, they are often met with shame and blame usually with statements like: “maybe you shouldn’t do X anymore and that won’t happen again.” Sadly, reporting to other women is not always met with positive affirmations. I have witnessed the wife of an accused defend her husband over her own daughter when the daughter found the courage to report her father’s offense – and where substantial, credible evidence supported the allegation. Indeed, prosecutors are cognizant that women are more skeptical of female victims than men typically are and explore that perception heavily when picking a jury in rape cases. The combination of these factors creates a perception, and perhaps a reality, that if a victim reports, she (or he) will not be believed. This follows the “innocent until proven guilty” legal maxim, where the accused is provided with the benefit of the doubt even when the disclosure is not for criminal prosecution purposes.
Many crimes go unreported, not just those that are sexual in nature. And when any crime is reported, the rigor of finding the truth and giving the benefit of the doubt to the accused versus the victim is a painful process. But it is this process that often leads to justice, and is supposed to prevent a guilty person from going free, and convicting the innocent.
As the latest Kavanaugh allegations came to light, folks were quick to judge the veracity of the allegations without testimony or facts. Now a hearing will be held, where the accused is requested to testify before the accusers testify. Should testimony be provided in this order, the result will be a sham hearing with no redeeming value. Undermining the accusations of alleged victims before they have the opportunity to speak, and preventing the accused from knowing the specific allegations before he testifies is the epitome of a kangaroo court. Moreover, without corroborating witness testimony or evidence, nothing is gained by a he said/she said inquiry.
For the benefit of both the accusers and the accused, a just hearing where an investigation has been performed and facts and evidence are presented in a credible format is necessary. Short of this we are left with what we have now: decisions based upon unsubstantiated accusations and denials.
Both the accused and the accusers deserve better and the political fall-out associated with the midterm elections should be of zero relevance in this inquiry. The character and credibility of the accused, the accusers, and ultimately the Supreme Court hang in the balance; polarizing politics should not replace due process and thoughtful inquiry.
Tammi Fisher is an attorney and former mayor of Kalispell.