Does An Accusation Of A 33 Year Old High School Sexual Assault Matter?

We've been hearing about a letter alleging Brett Kavanaugh sexually assaulted a girl in high school. Should that have any bearing on Kavanaugh's confirmation to the US Supreme Court?

None of us are the same people we were in high school.  Or so we would like to think.  Sure we change in many ways, but many of our behaviors then, good ones and not so good ones, still are part of us.

But is the story true even?  The Washington Post has an article today about the woman who wrote the letter detailing why she didn't talk about it sooner (well she did with her therapist and her husband) and why she did now.  Why she wanted it to be anonymous and why she's coming out publicly now.

After reading the article, I'm going to assume that it's quite likely this did indeed happen.  Kavanaugh categorically denies it, but the article brings out aspects of Kavanaugh's past that didn't surface in the Senate Judiciary Committee hearings.  These facts lend credence to the accusations.

"In his senior-class yearbook entry at Georgetown Prep, Kavanaugh made several references to drinking, claiming membership to the “Beach Week Ralph Club” and “Keg City Club.” He and Judge are pictured together at the beach in a photo in the yearbook.
Judge is a filmmaker and author who has written for the Daily Caller, The Weekly Standard and The Washington Post. He chronicled his recovery from alcoholism in “Wasted: Tales of a Gen-X Drunk,” which described his own blackout drinking and a culture of partying among students at his high school, renamed in the book “Loyola Prep.” Kavanaugh is not mentioned in the book, but a passage about partying at the beach one summer makes glancing reference to a “Bart O’Kavanaugh,” who “puked in someone’s car the other night” and “passed out on his way back from a party.”
Through the White House, Kavanaugh did not respond to a question about whether the name was a pseudonym for him."

Kavanaugh was an athlete, his mother was a judge.  I suspect if there were any serious issues in his life, his parents were positioned to make sure he didn't get into serious trouble for them.

The accuser is a college professor in Palo Alto, California who teaches at a college that is in a consortium with Stanford.  So she teaches Stanford graduate students psychology.  On the surface, there is nothing in her life - aside from a 33 year old sexual assault - that might account for her wanting to put her life onto a Republican target with a letter that probably wouldn't stop Kavanaugh's nomination anyway.

And the overwhelming number of sexual assault accusations turn out to be true.  There's no evidence so far that she was paid or otherwise pressured to make these accusations.  I'm sure that will come - the accusations, probably not the evidence.

So should a 33 year old drunken romp on a bed with a girl who didn't want to be there, matter in the nomination of Kavanaugh?

Again, these points I'm making, assume this happened.  (I'll make some points later that assume it didn't happen.)

1.  Kavanaugh never was confronted with this accusation and has never been held accountable.  And this stuff happened often back then (and still today).  Girls and women simply had to deal with things like this on their own.  This would be one example of a situation where he suffered no consequences for his inappropriate behavior.  Getting drunk during high school when his drinking was illegal, is another.  Sure, lots of people get drunk in high school, but for this future judge, it's another example of breaking the law with no consequences.  He even bragged about it in his yearbook.

2.  Kavanaugh categorically denied this ever happened.  That's textbook response for powerful men being accused of rape or sexual assault.  Though some, like Sen.  Franken, take responsibility for what they did and resign their positions.  If this did happen, Kavanaugh is lying.

3.  If a 33 year old high school indiscretion doesn't matter, then why not acknowledge it, apologize, and say that was long ago and I've learned and I'm no longer that person?  Trump didn't even have to apologize or say he was no longer that person.  But Supreme Court judges are expected to be truthful.

4.  In many of the #metoo cases we've seen in the last year or so, after a high profile accusation, other women come forward.  By rushing the vote to approve Kavanaugh, the Senate might be able to get him onto the court before anyone else comes forward.  Though this sounds like a particularly inept assault and perhaps it was a one-off.  Even if it wasn't, it may not have happened often or past high school or college.  But we should give others a chance to come forward.

5.  The accuser's hired an attorney who specializes in women accusers.  The attorney told her to take a lie detector test before she did anything else.  She passed the test.  I'd like Kavanaugh to take such a test if he's so certain it never happened.

6.  Republicans had a list ready of 65 women* who knew Kavanaugh in high school who all attest to his upstanding character.  (Does that include his self admitted drunken parties?)  If there are questions about the accuser's credibility, I'd like to see some reporters check with these women on how their names got on the list and whether they knew their names were going to be used to counter a sexual assault charge.


 Kavanaugh, and his Senate supporters, at his confirmation hearings, repeatedly talked about how Kavanaugh hired more female interns and people of color than the average judge.  While this is admirable, there's also something about men who surround themselves with women subordinates.  (It's interesting that google did poorly when I asked "male executives with mostly women subordinates."  It gave me articles about whether men or women are better bosses for women.  So I'm going to go with undocumented hunches here.)   My sense is that women, generally, are less confrontative than men.  Women are socialized to make nice.  (See Deborah Tannen's classic work on how men and women talk and act at work.)  I'd guess that, on average, life is easier, more pleasant, with women subordinates who are more grateful for getting an opportunity and less likely to challenge their boss.  He talked about all his mentoring - as girls basketball coach, all the women interns, the black students at Harvard.  All these are laudable things, but he actually used the young basketball players as props as they sat behind him one day during his hearings.  One can't help but wonder how much of this is stuff he's done to make his Supreme Court application look better.  Like high school kids volunteering at soup kitchens so they can put it down on their college applications.

7.  If Kavanaugh gets confirmed to the Supreme Court, we'll have two judges on the court who got there despite credible accusations of sexual harassment/assault by women college professors.



What if the accusation is false?

1.  The committee could wait to be sure that accuser is lying.  They could wait to see if any other women come forward.   They could ask Kavanaugh to take a lie detector test.  (While they're at it, they could ask him some of the questions he seemed a bit cagey about during the public hearings.)

2.  Even if Democrats took the Senate in November, the Senate would still have a almost 2 months to confirm Kavanaugh before the new Senators are sworn in.  But given Thanksgiving, Christmas, and New Years, it would be tight.

3.  Senator Harris quoted Kavanaugh on 'rushed decisions.'

"As Judge Kavanaugh relayed to me in our meeting, with respect to judicial decisions, rushed decisions are often bad decisions. I agree. But this time, this is for a lifetime appointment to the Supreme Court."

3.  If would end up hurting the credibility of Democrats.



I suspect the Republicans and Kavanaugh, want him on the court so bad, and they feel like they are so, so close, that they want to rush this through before anything comes up that might quash their hopes.  They've already rushed the hearings through without hundreds of thousands of pages of documents that Democrats requested.  They're going to accept Kavanaugh's denial and not give time for others to come forth.  They want this done before the November election, even though the numbers suggest that they have a decent chance of keeping the Senate majority.

*I randomly picked a name from the list of 65 women who signed the letter supporting Brett Kavanaugh - Cindy Urgo - and google got me to her Youtube channel.  It has four videos up.  All with religious songs.   This is the most recent (2013):