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Wednesday, September 19, 2018

The allegations against Brett Kavanaugh are not simply a 'he said, she said' situation

Image: Senate Holds Confirmation Hearing For Brett Kavanugh To Be Supreme Court Justice

"While some argue that the truth about this incident will come down to a “he said, she said” situation, that’s not how it looks to us. Prosecutors and investigators are confronted with these scenarios frequently and don’t just throw up their hands and say, “We can’t decide.” Instead, prosecutors look for corroborating evidence — and there are strong indications already that Ford is telling the truth about her attack. Here are some of those indicators:

First, there is corroboration. Ford’s therapist’s notes in 2012, provided to The Washington Post, generally record her account of the attack. To believe that this is a made-up tale to prevent Kavanaugh’s confirmation, Ford would have had to plant the seeds of this story in 2012. That makes no sense.

Second, while not determinative, the fact that Ford passed a polygraph administered by a former FBI agent lends credence to her claims. Polygraph exams are inadmissible in court because they are not always reliable, but the FBI and other law enforcement agencies frequently use polygraph tests to assess the credibility of witnesses and defendants.

In addition, consider the motives of Ford, who by all accounts is not a particularly politically active person, to go public with allegations of sexual assault. It appears that she did not want to speak publicly at all, but that reporters discovered her identity and pursued her. Ford knew that she would be personally attacked in front of her children, colleagues, students and friends. There is no reasonable explanation for why she would subject herself to such humiliation other than the reason she has given: that she felt she had a duty as a citizen to speak up.

Many people have pointed to Ford’s delay in going public as evidence that she is lying. As prosecutors, we have learned that victims of sexual assault do not always come forward immediately — and often never do — because they are shamed by society, fear not being believed, worry that they will be blamed for the attack or just want to move on with their lives. Delay in reporting — particularly in the area of sexual assault — does not mean a report is false. And difficult as it is to come forward now, it would likely have been even more daunting for a 15-year-old girl in the 1980s, when Ford says she had this experience.

If you are still inclined to believe that Ford is lying, ask yourself: Why would she create a defense witness by identifying Mark Judge, who was and still is indisputably a friend of Kavanaugh’s, as being present and participating in this attack? Why would she place at the scene an individual who could, because of loyalties to his friend, contradict her account if she were making this up? She wouldn’t."

The allegations against Brett Kavanaugh are not simply a 'he said, she said' situation

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