“Why Should We Believe Her?” Why Not?

brett_kava_NAH
Brett Kavanaugh, during his Senate confirmation hearing in 2004. He can maintain his innocence amid multiple accusations of sexual misconduct while we view his accusers as credible. It’s not a zero-sum game. (Image Credit: CSPAN)

Note: This piece was written and published prior to Julie Swetnick’s allegations being made public.

As the drama surrounding Brett Kavanaugh’s nomination to the Supreme Court drags on, it unfortunately is difficult to say what has been the most disheartening aspect of this process. Certainly, for people who have lamented the partisan rancor of American politics in recent memory, calls to delay or speed up proceedings have done little to assuage their concerns. On a personal note, I consider anything that makes Mitch McConnell more relevant than he usually is a net loss as well, but that is for each of us to decide.

In all seriousness, though, probably the worst aspect of this whole affair is that it has dredged up so many awful attitudes on the subject of sexual assault, rape, and accountability for males in the #MeToo era. For those previously living under a rock, Kavanaugh has been accused by two women of some form of egregious sexual behavior, with Deborah Ramirez, board member and volunteer at Safehouse Progressive Alliance for Nonviolence and Yale University graduate, joining Dr. Christine Blasey Ford, a psychologist and professor of statistics at Palo Alto University, as an accuser. Since coming out to allege Kavanaugh of trying to force himself on her as a teenager, Blasey Ford and her family have been subject to death threats and have been forced to hire private security. For his part, Kavanaugh and his family have received threats too.

Then again, maybe the pain of hearing and reading the callous disbelief of some observers is worth exposing their misguided and outmoded ways of thinking. Still, that the tenor of arguments outside the purview of Congress and Washington, D.C. echoes that of lawmakers who divide reflexively along party lines is disturbing. In reality, regardless of whether or not Kavanaugh gets the job, the believability of Blasey Ford and other survivors should not be a partisan issue.

That opinions along gender lines might similarly be divided is likewise unsettling, albeit somewhat understandable. There’s a probable generational component, too, as well as other ways by which responses may be separated. As a white cisgender male young adult, my perspective may be indicative of this identity, so feel free to keep this context in mind as you weigh my thoughts.

With that said, let’s address some of the comments one is liable to hear leading up to a prospective vote on Brett Kavanaugh’s candidacy to be a Supreme Court Justice.

“Boys will be boys.”

Ah, yes. The old “boys will be boys” line. While keeping in mind the notion that Kavanaugh was reportedly in high school when he is alleged to have made an unwanted advance on Christine Blasey, or in college when a second instance of alleged unsolicited sexual behavior occurred with Deborah Ramirez, his relative youth or hormones doesn’t excuse the way he acted—it merely provides context. Especially considering that there is no accompanying sentiment that “girls should be girls,” if young women are expected to behave as ladies, young men should be able to comport themselves as gentlemen. Particularly if they belong to the “superior” sex, and sarcastic eye-rolls are warranted in this instance.

What’s alarming to me is how I’ve heard women defend Kavanaugh’s behavior along these lines, more so on the side of supporters of the Republican Party, and yet even so. “I mean, what hot-blooded male hasn’t acted like that?” Well, I haven’t, for one, and neither have the men who make consensual sexual acts a priority. Even if we’re grading Kavanaugh personally on a curve because “things were different then,” it’s 2018 and he will be adjudicating matters according to today’s standards. Right here and now, “boys will be boys” needs to be retired.

“They were drinking/drunk.”

Right. We know that alcohol consumption can lower inhibitions. It can make us do things we wouldn’t normally do and would be wise in avoiding, such as throwing table tennis balls in plastic cups and drinking out of them regardless of where those balls have been or, say, eating at White Castle. Nevertheless, getting inebriated does not obviate an individual’s obligation to behave responsibly, nor it does comprise consent to be violated in any way. This is akin to the notion that females dressed in a certain way are “asking for it.” It’s victim-blaming, and it’s not an acceptable defense for sexual assault or rape. End of story.

The other main reason for invoking alcohol is to cast aspersions on the veracity of the accuser’s account. Deborah Ramirez was drinking at the time of the alleged incident, and as such, there are “gaps” in her memory. This notwithstanding, she maintains she is confident enough in what she does remember about Kavanaugh’s conduct and that it warrants scrutiny. That should be enough, and if what Ramirez is saying is accurate, it makes Kavanaugh’s behavior seem that much more appalling that he would try to take advantage of the situation.

“If it really happened, she/he would’ve gone to the authorities.”

Sigh. There is any number of reasons why victims of sexual abuse, sexual assault, sexual harassment, or rape might be reluctant to file a police report or even tell people close to them about it. They might feel a sense of shame surrounding what happened, despite deserving no blame. They might be in denial or aim to minimize the gravity of it. They might be afraid of potential repercussions or simply fear they won’t be believed, especially if drugged or under the influence of alcohol. They already might suffer from low self-esteem and somehow think they deserve to be mistreated. They might feel a sense of helplessness or hopelessness about the situation. They might not even recognize what happened to them constitutes one of the above. Perhaps worst of all, they might already have been a victim, fundamentally altering their approach to future such situations.

In short, there’s plenty of legitimate reasons why an unsolicited sexual advance or encounter might go unreported. Noting this, we should afford victims understanding and the chance to come forward with their recollections when they are ready. Besides, this is before we get to the instances of victims who do come forward and still aren’t taken at their word.

“They’re just doing this to get their 15 minutes of fame.”

Yes—all that fame. Besides Anita Hill and famous victims of Harvey Weinstein et al., how many of these people who report an assault or rape do you know offhand? I’m guessing not many. Sure—we know Christine Blasey Ford and Deborah Ramirez right now. Will we remember them 10 years down the road? Five, even?

As is their misfortune, if they are remembered by the masses, they likely won’t be known for being compassionate, intelligent, proud women with college degrees and inspired careers. They’ll instead probably be known simply as accusers, their names forever tied to the man who allegedly victimized them. Depending on the audience, they also stand to be vilified for trying to bring a “good man” down, and as noted, there’s the matter of death threats and potential professional repercussions. For the supposed benefits, these accusers have that much more to lose. Courageous? Yes. Glorious? No.

“This is all just part of a Democratic smear campaign.”

You can question the timing of these revelations and whether there is any political dimension to them. Blasey Ford and Ramirez are either registered Democrats or have donated to liberal/progressive groups, though they aver that this did not factor into their decision to come forward. At the end of the day, however, if the allegations are true, does any of this matter? So what if these accounts come to light less than two months before the midterm elections? There’s never a “good” time to disclose such inconvenient truths.

Nor does it matter that these events happened years, decades ago. Regardless of whether or not the accused can still be found guilty in a court of law, victims may still live with the pain and shame of their encounter. If left untreated, these wounds will not heal. That’s not something we should encourage in the name of political expediency.

After all, in speaking of timing and political expediency, how are we to regard Kavanaugh’s letter signed by 65 women who knew him when he attended high school and attest to his honorable behavior and treatment of women with respect? How were these women found and contacted so quickly to produce this document? And what does this prove? If we can view Blasey’s and Ramirez’s past conduct through a critical lens, we can view this attempt to sway the minds of ranking congressional members similarly. Just because Brett Kavanaugh didn’t disrespect these women doesn’t mean he didn’t hurt others.


Ever since the likes of Bill Cosby and Harvey Weinstein were being brought down by accusers nowhere near as powerful or famous as they are, many observers have had a tough time reconciling apparently conflicting principles. One is that purported victims of sexual assault and other crimes should be believed, regardless of gender. Since women are disproportionately victims in this regard, this means implicitly believing women. The other principle is presumption of innocence. Until we know all “the facts,” Brett Kavanaugh shouldn’t be labeled a sexual predator.

While noting that this is more akin to a job interview than a trial for Kavanaugh and while the court of public opinion increasingly seems to eschew the need for a preponderance of evidence before assigning guilt, we would do well to remain open to the idea that both sides of the story could be true. Brett Kavanaugh claims he is innocent. That is his version of the truth. Christine Blasey Ford and Deborah Ramirez claim otherwise. That is their version of the truth. Not being in the room with them, we can’t know for sure. But without subscribing to an agenda, we can choose which of these is the best answer, so to speak. Assuming these parties testify, that is what the Senate Judicial Committee will be tasked with.

Whomever we personally believe, the important thing is that these claims be investigated. With all due respect to Kavanaugh and his family, as well as the aims of Mitch McConnell and Chuck Grassley, the veracity of the accusations supersedes their feelings. “Judge Kavanaugh’s reputation might suffer.” So? What of his accusers? If recent history is any indication, Kavanaugh might not receive enough votes to be confirmed, but it’s unlikely he will suffer serious adverse effects to his livelihood as a result of these proceedings.

For instance, for his supposed fall from grace, Louis C.K. was able to do a surprise comedy routine less than a year since he admitted wrongdoing. For men like him, it’s evidently a question of when he will come back, not if he should. For the women who were his victims, they can’t come back to prominence—and there’s a good chance they gave up on comedy because of how they were treated by him. For every James Franco starring in The Deuce, there’s an Ally Sheedy who cites Franco as a reason not to ask her why she left the television/film business. That sounds messed up to me.

As for McConnell and his Republican brethren, I have little to no sympathy for their wanting to get Brett Kavanaugh confirmed despite multiple claims of misconduct and after refusing to hear Merrick Garland’s nomination by Barack Obama following the death of Antonin Scalia. If you want a nominee for Supreme Court Justice voted on with less controversy, you and your GOP mates should do a better job of vetting one. Pick again. We’ll wait. It’s not our problem if you can’t afford to.

In the end, those of us who believe Christine Blasey Ford, Deborah Ramirez, and all purported victims of sexual assault until given a reason to doubt them do so because we simply have no reason to doubt them in the first place. If Brett Kavanaugh is innocent and telling the truth, he will likely be confirmed (and may be anyway, for that matter), and we lose nothing. It is those who reflexively question the accusers and hack away at their credibility that risk inexorable damage to their own. For their sake, I hope they like their odds.

Harvey Weinstein, Sexual Harassment, and Our Patriarchal Capitalist Society

not-so-fine_weinstein
In light of the mountain of allegations against him, Harvey Weinstein seems all but guilty of sexual impropriety involving actresses and other women in his life. However, Weinstein is just one of countless predators who have victimized women across professions, and women’s rights are still regularly under attack, suggesting his antics are just the tip of the iceberg. (Photo Credit: PA Images)

The ongoing scandal concerning film producer Harvey Weinstein as a decades-old serial sexual predator is a mind-boggling one. Not merely because of Weinstein’s high profile, mind you—if anything, that would seem to make it more likely, in that film producers and other men in positions of power have leveraged or have tried to leverage their stature over women for centuries and longer. The growing list of names of women who have come forward to tell their tales of horrifying, demeaning encounters, and potentially criminal ones at that, with Weinstein, meanwhile, is alarming. For us, the average media consumers, regarding the breadth of the scandal both in terms of the number of women alleged to have been victimized by Harvey Weinstein and the period over which his alleged offenses transpired, the obvious question is: how is this all just coming to light? How did the press and other parties involved not know about Weinstein’s misdeeds? As I’m sure many of us realize, much of Weinstein’s abusive behavior probably was known, just not talked about. Money and influence afford the holder many things in our society, and discretion is among the most valued of them, particularly those up to no good.

As tends to be the case, there will be those commenting on the Harvey Weinstein situation who see the mounting allegations against the disgraced now-former studio executive as something of a “witch hunt” or who otherwise would question the veracity of the statements made by these women after the fact. First of all, we would be naïve to think that more of these incidents weren’t reported to authorities. Whether or not these accounts could or even would be prosecuted at the time, though, is another story. Furthermore, whereas some allegations of rape or sexual assault by women against a more famous male individual might be seen as a “money grab”—which doesn’t mean that these claims should necessarily be dismissed in either the Court of Public Opinion or the judicial system, mind you—what apparent need is there for stars like Angelina Jolie and Gwyneth Paltrow to come forward? Money? Fame? These actresses don’t need either. Likely the worst you could say of these women is that they’re promoting some feminist agenda, and that arguably is not just advisable, but necessary with the likes of President Pussygrabber in the Oval Office as perhaps an unsettling sign of present-day attitudes toward women.

Outside of the realm of Hollywood, many—if not most—women are apt to know a “Harvey Weinstein” in their lives, likely one in a past or current workplace, at that. This is to say that the allegations against Weinstein are not some sort of isolated incident, but indicative of a corporate and patriarchal culture that marginalizes women and is built on their commodification and subjugation. Belen Fernandez, for one, writing for Al Jazeera English, urges readers to “face it: we have an epidemic of sexual harassment.” As Fernandez insists, the Harvey Weinstein scandal (Weinstein-gate?) is just the proverbial tip of the iceberg when it comes to instances of males in a position of power intimidating women physically or professionally as a means of trying to coerce them into behavior they almost certainly would object to under different circumstances. Going back to the milieu of the film and television industries, Fernandez invokes the anecdotal observations of Molly Ringwald, who wrote about her own experiences with sexual harassment in a piece entitled “All the Other Harvey Weinsteins” for The New Yorker. Here is Ringwald’s critical ending passage alluded to in the Al Jazeera piece:

I could go on about other instances in which I have felt demeaned or exploited, but I fear it would get very repetitive. Then again, that’s part of the point. I never talked about these things publicly because, as a woman, it has always felt like I may as well have been talking about the weather. Stories like these have never been taken seriously. Women are shamed, told they are uptight, nasty, bitter, can’t take a joke, are too sensitive. And the men? Well, if they’re lucky, they might get elected President.

My hope is that Hollywood makes itself an example and decides to enact real change, change that would allow women of all ages and ethnicities the freedom to tell their stories—to write them and direct them and trust that people care. I hope that young women will one day no longer feel that they have to work twice as hard for less money and recognition, backward and in heels. It’s time. Women have resounded their cri de coeur. Listen.

It’s perhaps strange looking at the problem of sexual assault and harassment in Hollywood from an historic perspective, wondering how tropes like the infamous “casting couch” came to be. Then again, perhaps not. As Belen Fernandez outlines, sexual harassment is a problem irrespective of industry or academic pursuit. Citing numerous studies both recent and comparatively antiquated, Fernandez underscores how even in the STEM fields, for example, instances of reported sexual harassment are “alarmingly widespread,” as they are in the medical field or medical studies. Anita Hill, herself once a subject of scrutiny for her high-profile accusation of sexual harassment against then-Supreme Court Justice nominee Clarence Thomas, goes as far as to report 45% of employees in the United States are targets of sexual harassment, the majority of them sadly and unsurprisingly female. (As Fernandez mentions, possibly somewhat wryly, Thomas was confirmed as a Supreme Court Justice despite Hill’s accusations, evidence that “justice” on this front merits qualification.) And then there’s the U.S. military, which, if you’ve been paying attention to the news in the slightest over the years, you understand serves as a metaphorical hotbed for sexual harassment and sexual assault. Fernandez points to the fact a record number of sexual assault cases were reported in 2016 among our Armed Forces. While the Pentagon regards this as proof the system works, those of us not speaking on behalf of the nation’s military are left to be skeptical, if not patently incredulous. Indeed, this area is one of any number of areas by which the United States military forces merit more scrutiny—and not less, as the White House would insist.

As Belen Fernandez and others see it, all of the above is symptomatic of a larger societal structure that values moneyed white males above all others. It is a patriarchy, moreover, that has not only subjugated women, but has subjugated other groups which more readily value women as equals, namely Native Americans. Fernandez, in particular, cites the work of the late, great Howard Zinn in informing this view. From the article, and by proxy, A People’s History of the United States:

Earlier societies—in America and elsewhere—in which property was held in common and families were extensive and complicated, with aunts and uncles and grandmothers and grandfathers all living together, seemed to treat women more as equals than did the white societies that later overran them, bring “civilisation” and private property.

Those references to “civilization” and “private property” are a cue for Fernandez to wax philosophical about the corporatized nature of America. As she sees this matter, since capitalism is primed to divide and exploit people, a significant culture change will need to be effected before this sexual harassment “epidemic” is cured:

Given that capitalism itself has no place for human equality—predicated as it is on divisions between exploiters and exploited—it seems that the current question of how to fix the sexual harassment epidemic in the U.S. will require some extensive out-of-the-box thinking. Enough with the patriarchy. It’s time to get civilised.

The answer, or at least a good start, would be empowering women to seek leadership roles and lead by example, thereby inspiring women across generations and industries to seek their own opportunities to lead and help change a culture so often defined by the metaphor of the “glass ceiling.” Then again, the durability of this repressive culture is such that while the fight for equality and to curb sexual harassment in the workplace is a worthy one, such achievements are easier said than accomplished. Extending the conversation to matters of access to abortion and contraceptives, child care, and spaces safe from emotional, physical, and sexual violence, too, this fight is one that will certainly take time and effort to wage.


In the dawning of the magnitude of Harvey Weinstein’s misdeeds, use of the #MeToo hashtag by victims of sexual harassment and sexual violence to share their experiences has exploded, and this much is not to be undersold. Some see the revelations about Weinstein as a potential watershed moment, that recognition of the unspeakable treatment of women at the hands of men, particularly those close to the women affected, as well as the power of female voices, is beginning to occur. To be sure, it would seem that we have made progress in this area, and specifically concerning the exposure of high-profile sexual predators, the fairly recent downfalls of Bill Cosby and Bill O’Reilly, to name a few, suggest the bad behavior of their ilk eventually will catch up to them. As heartening as these shows of strength are, however, and while the visibility of females’ victimization is important, when, say, someone like Donald Trump in this day and age can brag about taking advantage of women and otherwise berate or demean them en route to the presidency speaks volumes about how much more is needed on the road to real progress.

Jia Tolentino, staff writer for The New Yorker, explores the weight of the burden faced by female victims of sexual harassment and assault alongside the deeply-ingrained systemic sexism inherent across American institutions. Her insights begin with recalling the incident that led to the revelations in news media about Harvey Weinstein’s character: that of Italian model Ambra Battilana Gutierrez, who reported to the NYPD Special Victims Unit back in 2015 about being unwillingly groped by Weinstein and later wore a wire in a sting operation of sorts that produced disturbing audio in the vein of Pres. Trump’s off-handed “pussygrabber” comments from his taped conversation with Billy Bush, then of Access Hollywood fame, circa 2005.

Battilana Gutierrez, for her trouble, has had her character questioned if not assassinated by the likes of the New York Post and the Daily Mail—no great beacons of journalism, mind you, but widely circulated and salacious enough to warrant reading. This is no strange occurrence in the world of reporting sexual crimes, whether in the world of producing million-dollar films or the supposedly safe spaces of college and university campuses across the country. Especially when someone of prominence like Harvey Weinstein is accused of sexual impropriety, there is a tendency to call the history of the accuser into question, yet another iteration of the time-honored practice of slut-shaming. Realistically, though, anything beyond the facts of the case at hand involving Weinstein and Battilana Gutierrez is superfluous. Whether she’s a saint or the “she-devil” the tabloids make her out to be, the merits of the available evidence are what matter. Besides, are we supposed to throw out the allegations of every woman who has pointed a finger at Weinstein? After a certain point, trying to prove the contrary seemingly borders on the absurd.

This is not the point of Tolentino’s exercise, however. Beyond the individual complications that surround a woman’s reputation and threaten her very professional livelihood, Tolentino’s concern is the welfare of all women, and despite the goodwill created by #MeToo and the apparent increased accountability for predators like Harvey Weinstein, there is room for concern, if not outright trepidation. Tolentino writes:

Nevertheless, the hunger for and possibility of solidarity among women beckons. In the past week, women have been posting their experiences of assault and harassment on social media with the hashtag #MeToo. We might listen to and lament the horrific stories being shared, and also wonder: Whom, exactly, are we reminding that women are treated as second class? Meanwhile, symbolic advancement often obscures real losses. The recent cultural gains of popular feminism were won just when male politicians were rolling back reproductive rights across the country. The overdue rush of sympathy for women’s ordinary encumbrances comes shortly after the Department of Education reversed Obama-era guidelines on college sexual-assault investigations, and Congress allowed the Children’s Health Insurance Program to expire. On October 3rd, the House passed a ban on abortion after twenty weeks. Senate Majority Leader Mitch McConnell has said that “virtually all” Republicans in the Senate support the legislation.

Being heard is one kind of power, and being free is another. We have undervalued women’s speech for so long that we run the risk of overburdening it. Speech, right now, is just the flag that marks the battle. The gains won by women are limited to those who can demand them. Individual takedowns and #MeToo stories will likely affect the workings of circles that pay lip service to the cause of gender equality, but they do not yet threaten the structural impunity of powerful men as a group.

To put Jia Tolentino’s assertions another way, it is one thing to have a voice and to preach to the proverbial choir, but quite another to have the power to bring about positive change. And this doesn’t even address the unique challenges faced by different segments of the female population, whether based on age, race, sexual orientation, or other identifying characteristic. Systemic bias is not something that can be overcome overnight thanks to a hashtag campaign; in fact, activist Tarana Davis had the idea to create a grassroots “Me Too” movement back in 2006, before Alyssa Milano and her Tweets even broached the subject, illustrating just how difficult it can be to sustain the momentum needed for meaningful and substantive progress. When influence is concentrated in the hands of a few males at the top of the patriarchal hierarchy, penetrating the associated power disparity is essential to achieving authentic gender equality.


The term “toxic masculinity” is used to describe the kind of social environment that not only is created by the Harvey Weinsteins of the world, but aids and abets them, as well as perpetuates the conditions by which future generations will breed new sexists and sexual predators. Wikipedia defines toxic masculinity as such:

The concept of toxic masculinity is used in the social sciences to describe traditional norms of behavior among men in contemporary American and European society that are associated with detrimental social and psychological effects. Such “toxic” masculine norms include dominance, devaluation of women, extreme self-reliance, and the suppression of emotions.

Conformity with certain traits viewed as traditionally male, such as misogyny, homophobia, and violence, can be considered “toxic” due to harmful effects on others in society, while related traits, including self-reliance and the stifling of emotions, are correlated with harm to men themselves through psychological problems such as depression, increased stress, and substance abuse. Other traditionally masculine traits such as devotion to work, pride in excelling at sports, and providing for one’s family, are not considered to be toxic.

Some may argue this definition is too expansive or vague, but nonetheless, it is apparent from this conceptual understanding that there are issues beyond just Harvey Weinstein, or sexual violence for that matter. On one hand, basic human decency tells us that the unfair treatment of women is wrong and the institutions that lead to their systemic oppression must be reformed, if not dismantled. On the other hand, meanwhile, various societal cues only reinforce the value attributed to the domineering “alpha” male. Seemingly every month, a new hyper-masculine superhero movie is in theaters, in which our male protagonist conquers evil, saves the day, and gets the girl, and in which he could give f**k-all about his feelings, the treatment of women, or the structural integrity of surrounding buildings. Is this the ideal of manhood? With leaders like Donald Trump and Vladimir Putin in place around the world, you get the sense that many of us, male and female, believe this is so. For those of us without a suit of armor or a high office, where does that leave us in the grand scheme of things?

Jia Tolentino, in her closing remarks, hits the nail on the head regarding from where recognition of the scope of the problems in the forms of sexism, sexual harassment, and sexual exploitation will need to come for Western culture to realize substantive gains:

This type of problem always narrows to an unavoidable point. The exploitation of power does not stop once we consolidate the narrative of exploitation. A genuine challenge to the hierarchy of power will have to come from those who have it.

As with the Black Lives Matter/blue lives matter/all lives matter dynamic, while we seek not to discount the energy, passion, and importance of grassroots activist movements, from all sides, there must be an understanding that this is a human issue above being a black or female or [INSERT QUALIFIER HERE] issue. On both counts, Tolentino points to lines being drawn in a “predictable” manner, thus requiring men everywhere to be as courageous in defense of (and like) the more vocal women they know, on top of the untold numbers of female (and male) victims of harassment and assault suffering in silence. Belen Fernandez, too, believes it’s time for us to get civilized. Amen to that, sister.