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Why a Decades Ago Attempted Rape Should Derail Kavanaugh

Monday, September 17th, 2018

Judge Brett Kavanaugh was on to smooth sailing to a lifetime appointment on the Supreme Court before Professor Ford came forward with allegations of an attempted rape by Kavanaugh when he was 17. Ford at age 15 attended a party where Kavanaugh attempted to rape her on a bed and in the process placed a pillow over her head to prevent her from screaming. Now years later, Ford is scheduled to testify publicly about these allegations.

As I appeared on DC Fox 5 this evening, I was asked why would Professor Ford come forward so many years later. Most women, including Ford would prefer to forget the details of a sexual assault. However, the reality is most can never forget the assault or in Ford’s case an attempted rape.

While I cannot speak for Ford, she likely came forward now because she has a civic or moral duty to convey significant information about Kavanaugh’s character and fitness to serve on the highest court. And it doesn’t matter that the incident took place decades ago. No one should get a pass for attempted rape. And the issue should not be lightly dismissed due to the length of time. What should be judged is substance over timing.

Fox 5 also asked how me does one decide a “he said, she said” controversy. Normally, in a sexual assault case, it is viewed as he said she’s lying and that’s the end of it. But the MeToo movement is slowly changing all of the previous perceptions. A funny thing has happened. Women are now being believed. But the stakes are high here. So Professor Ford took a lie detector test given by a former FBI agent. Even with lie detector test, it may not be enough.

The determination of what will happen depends on how well Prof. Ford testifies; how believable she appears; Most will need to judge if there is any ulterior motive or if anyone has anything to gain by testifying. In this instance, Prof. Ford has everything to lose and nothing to gain. And if there is any doubt, folks should read up on what happened to Prof. Anita Hill after she testified. She almost lost everything in her academic career. Kavanaugh has everything to gain—a lifetime appointment on the Supreme Court.
The parallels to Anita Hill and Clarence Thomas are misplaced. Anita Hill accused Clarence Thomas of sexual harassment in the work place. Professor Ford accuses Kavanaugh of a serious crime—-attempted rape. And those allegations deserve a serious look at Kavanaugh’s past. The FBI should be investigating him to locate persons who may have further information about the party, the judge and the professor.

Kavanaugh’s vote should be delayed until a full and complete investigation of these serious allegations. With the Republicans, that is not likely to occur. They want to ram Kavanaugh through the process before the midterms. What may occur is the Senate Judiciary committee may vote against a full Senate vote after hearing the testimony. There are 21 senators on the Senate Judiciary committee. 11 are Republicans and 10 are Democrats.

Most Republicans knew about Kavanaugh’s lack of judicial taste for women. That’s why he was selected in the first place—to turn back the hands of time for women; to vote against abortion rights. And now what stands between him and a lifetime appointment is a courageous woman. And her life will never be the same for her act of courage. All women’s lives will never be the same if Kavanaugh becomes a Supreme Court justice.

Kavanaugh must be blocked at all costs. The stakes are too high for an alleged rapist to sit for a lifetime on the Supreme Court. We are better than this.

Washington, DC based Debbie Hines is a lawyer, former prosecutor and member of the Supreme Court bar.