The Washington Outsider

The Kavanaugh Sexual Assault Scandal: The Sins Of A Teen Versus Those Of A Legal Professional

9/28/2018

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The Senate confirmation hearings of US Supreme Court nominee Brett Kavanaugh have turned into a controversy that may well trump the Anita Hill Hearings.  Anita Hill is, of course, the woman who accused Supreme Court Justice Clarence Thomas of engaging in sexual harassment when he was her boss at the Equal Employment Opportunities Commission.  While Thomas overcame Hill’s accusations to win political confirmation, shifting cultural attitudes amid the so-called “MeToo” social media movement may well mean Kavanaugh’s confirmation will be derailed as he struggles to push back against sexual assault allegations made by California professor and former classmate Christine Blasey Ford.  There is, however, one key difference between Thomas and Kavanaugh beyond social text that deserves a thorough analysis.  Clarence Thomas was a legal professional when he allegedly harassed Anita Hill; whereas, Kavanaugh was a teenager when he allegedly assaulted Ford.
The fact that Kavanaugh has earned public scorn for actions he allegedly committed in 1982 demonstrates how much progress has been made by advocates for sexual harassment and assault.  Not only have the American People learned to empathize with victims of sexual harassment and assault, they are willing to hold victimizers accountable, even if their crimes took place decades ago.  This is a very important victory that should not be overlooked.  With that in mind, it is very difficult to prove beyond a reasonable doubt that sexual harassment and assault occurred when a case is current.  It is far harder for much older cases.  Although causes of rape where DNA can be used to prove clearly non-conceptual encounters occurred can be solved, countless incidents of sexual harassment and assault stretching back into the mid-Twentieth Century will likely never be proven one way or the other.   
 
For victims, the very act of simply sharing their experiences can, however, be both therapeutic and empowering.  Verbalizing or writing about a traumatic experience can empower a victim, so it is understandable why women like Ford would want to come forward, even years later, about their experiences.  Decades ago, as well as today in the minds of those who trivialize sex, sexual harassment and assault were often seen as the actions of playful young men.  There are plenty of people who still dismiss the impact of sex crimes on victims, but sexual harassment and assault are serious wrongs.  Because sexual harassment and assault are such serious issues, false allegation of sexual harassment and assault are just as serious to the falsely accused.  Not only can false accusations hurt someone on a personal and professional level, the fallout can cause the accused serious psychological harm, especially when such allegations attract the condemnations of society.  Allegations of sexual harassment and assault must, therefore, be addressed in a careful and objective manner, not judged on the emotional performance of the accusers and the accused.
 
In the case of Ford’s allegations against Kavanaugh, it is very difficult to prove anything.  Unless Kavanaugh has demonstrated a pattern of sexual harassment and assault over his lifetime, he is not likely to be held culpable.  Assuming Kavanaugh did sexually assault Ford, both were teenagers at the time.  Even though age does not excuse Kavanaugh’s alleged actions nor disqualify the harm done to Ford, young people make mistakes.  Ford was a victim of whoever assaulted her and the social attitudes that casually dismissed the plight of females facing sexual harassment and assault.  As a victim, she deserves both justice and the opportunity to be made whole.  Holding Kavanaugh accountable for his actions as a teenage is, however, a different story.  People make mistakes, especially when they are maturing.   Sometimes, those mistakes hurt other more than they can fully comprehend.  It is, partially, why crimes have statuses of limitation and why people are placed in penitentiaries to repay their debt to society by undergoing reform.    
 
If Kavanaugh did knowingly sexual assault Ford, or any other person, and he is lying about it, what that shows is Kavanaugh is more concerned about his social standing than truth and justice.  That is a problem for a Supreme Court justice nominee.  Had a sexual encounter between Ford and Kavanaugh occurred, Kavanaugh may have been too intoxicated to recall it or he may have viewed his aggressive sexual engagement as welcomed by Ford.  If so, Kavanaugh needs to be more forthcoming and honest.  Kavanaugh either  sexually assaulted Ford or he is the victim of a political conspiracy to derail his nomination.  If he did wrong, he needs to embrace that wrong and show that he has grown as a person since his teenage years.  Frankly, both have merit given the ongoing political war to upend the ideological balance of the Supreme Court and the hatred of Donald trump.  No matter the circumstances, however, Kavanaugh needs to be willing to accept the fact that Ford feels like she was wronged, even if he feels like he did no wrong.  
 
People do wrong.  When they can admit to the wrongs they have committed against others and show they have matured beyond the mindset that compelled them to hurt their victims, healing and forgiveness is possible.  For that reason, the Ford allegations are not necessarily enough to disqualify Brett Kavanaugh from the Supreme Court.  His failure to grow and empathize is.  What is more alarming than the Ford accusation is the possibility that Brett Kavanaugh as a judge on the U.S. Court of Appeals for the D.C. Circuit had allegedly been selecting law clerks based on their physical appearance and sexual appeal.  While law professors who aided in this alleged recruitment scheme have denied allegations, the reality that Brett Kavanaugh had been sexually targeting young women as a professional would far more troubling than allegations of sexual assault from his teen years.  Not only would the act of recruiting female clerks based on their sexual appeal be a thorough abuse of power, this “grooming” would be the behavior of a sexual predator.  That would be more than enough to disqualify Kavanaugh from serving on the US Supreme Court or holding any public office.
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      • Justice for All: The Case for Legal, Social, Economic, and Personal Justice
      • Why Hardliner Thinking in the NSA and CIA is Doing Damage
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      • What Modern Day Revolutionaries Need to Learn from Leader's like Mandela
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      • How Honesty Relates to the Great Recession
      • Why the Middle Class and Rich Need to Support Their Long-term Interests
      • The Aristocratic Republic of the United States of America
      • Discussing the Need for Community Support
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      • The Reason We Need to Understand What it is to Be Poor in America
      • Why the World Needs to Reinvest in America
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      • Why Does Terrorism Exist?
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      • Responding to "the Soldier as Sacrficial Victim"
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        • Is Suicide a Cowardly Way Out?
      • Defense Against the Dark Arts of Manipulators
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        • On the Willing Victim of Abuse
        • How to Understand Abuse Victims
        • Recognizing Abuse
      • The Role of Substitution in Decision Making
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        • Mental Illness is Not the Cause of Anger and Violence >
          • Trying to Understand the Boston Marathon Bombing and Other Violent Crimes
          • Getting into the Twisted Mind of the Tucson Murder
      • Describing the Mind as Modes of Thought >
        • It’s Just Sex?
      • Relationships, or Arrangement
      • Understanding the Effects of Groupthink in the Workplace
      • Relating Circular, Inductive, and Deductive Reasoning to the Scientific Method and Religion
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      • The Need for Greater Economic Leverage >
        • Evaluating NAFTA and TPP
        • Undercutting Logistics with the Underpaid Independent Contractor
        • Unions: Hindrance or Essential to Free Markets
        • Eminent Domain Used Against Banks
        • Haitians Sue the UN for Failure to Help With Cholera
        • Looking at How Corn-based Ethanol and Other Alternative Energy Subsidies Stack Up
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        • Irish Sovereignty Lost Before Bailout
        • Why Sudan's Greatest Long-Term Hurdle is Our Lowest-bidder Economy
        • Reduce US Imports by Buying American Made Products
      • Ending the need for government support and tackling poverty
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        • On Questioning the Need to Address Economic Disparity
        • Minimum Wage is Not the Problem
        • Responding to the "Blip"
        • Why Education Is Not The Civil Rights Issue Of The Twenty-First Century
      • Considering the Impact of the Capital Gains Tax Deduction
      • Embracing a Capitalist Mindset >
        • Capitalism Versus Socialism
        • The Negatives of Socialism
      • Stealing Intellectual Property
      • Changing Business Models: From Enduring Entities to Cash Cows
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      • Dealing with the Issues Surrounding the Patenting of Self-replicating Technologies
      • Is Technology Threatening Jobs?
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      • The Role of Education in Creating a More Dynamic Workforce
      • Primary Education in America and the Changing Needs of Society
      • The Greatness of the American Education System
      • Ideas for Improving the United States Education System
      • Are Teachers Treated as Professionals?
      • Is Engaging Parents in Their Children's Education a Major Factor in Turning Around Low-performing Schools?
      • Should Grants Be Awarded to School Districts that Try Innovative Methods to Improve Student Achievement?
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      • On Reading the US Constitution
      • The Senate should not do more to limit the powers of the Judicial Branch
      • On the DOJ Justifying the “targeted Killings” of US Citizens
      • Corporations Do Not Have the Same Rights as US Citizens >
        • Corporate America Pleads the First
      • Discussing the Constitutionality of Per Capita Taxes
      • Was the California Supreme Court Right in Legalizing Gay Marriage?
      • Should the Bible Continue to Be Used for Swearing-in Ceremonies and in Courtrooms?
      • Should Religious Student Clubs Be Allowed in Public Schools?
      • Should the Government Control Talk Radio to Make it More "balanced"?
      • The Second Amendment: Not Outdated >
        • Are We Losing Our Second Amendment Rights
      • Eminent Domain Used Against Banks
      • Should a Woman Have the Right to Choose Abortion? >
        • Should Fathers Be Able to Opt Out of Parenthood?
      • Should Smoking Be Allowed in Public Places?
      • Is Teen Driving a Right or a Privilege?
      • Should US Companies Be Required to Provide Equal Pay to Women and Men?
      • Is eighteen too young to vote?
      • First Amendment Rights: The Priviledge of The Press
      • Do Mandatory Seat Belt Laws Violate Individual Rights?
      • Should cell phone use be banned while driving?
      • Dealing with the link between video game violence and children's behavior
      • Should police have to submit to routine drug and alcohol testing?
      • Public schools should not impose mandatory drug testing on students
      • Are High Taxes on Cigarettes Proper?
      • Should pharmacists be required to violate their religious beliefs and dispense the "Morning After Pill?"
      • Should school counselors uphold patient privacy or report students who become unstable?
  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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