ptbw forever
Gold Member
- May 9, 2015
- 16,522
- 1,782
- 290
- Banned
- #141
1. Kavanaugh would have lost his job on the circuit court eventually if he had not been promoted to a position that is much more safe, and his reputation as being a fair and upstanding guy trusted by women is still damaged permanently regardless. He was accused of being a pedophile.How can liberals believe that...not having any proof yet someone should still be punished?
As I said, there are like 89 thousand Kavanaugh threads so I'd rather avoid having another one, but I'll offer a few thoughts
1) I think your premise is wrong, re: what liberals believe. You're overgeneralizing from a difference of opinion about a single case.
2) I think we should apply different standards of evidence in different contexts. So for example there is definitely not enough evidence to establish beyond a reasonable doubt that Kavanaugh is guilty of a crime in relation to Ford's testimony, and so he should not face any criminal punishment. I doubt there is enough evidence to support a civil judgement either, but I don't really know for sure, and it would be hard to know without a much larger investigation which I assume will never occur.
With regard to Kavanaugh specifically, I disagree with characterizing the situation as one in which he faced punishment without "proof". He was not facing criminal or civil charges, he was being considered for a life-time appointment to the highest court in the U.S. I think part of the bargain that someone makes when they agree to be a nominee for such a position is that they will face a very high level of scrutiny. And the only possible consequence of that scrutiny under consideration was that he might not get the position. I think a reasonable standard of evidence necessary to deny him the position -- given it's importance and the length of the appointment -- is much weaker. I would vote against a nominee facing reasonably credible allegations of sexual misconduct even if I were not very certain they were guilty. That reflects the importance of the position, and the wide availability of qualified candidates without such allegations. I don't feel that this is prejudicial; no one is entitled to a supreme court seat, and the integrity of the court is very important to me. There are caveats here, of course. I would dismiss allegations that were clearly demonstrated to be false, but I don't believe that has happened here.
3) Many liberals view the problem of sexual violence and harassment in context with the fact that the criminal justice system has always been inadequate at protecting women, and for most of our history has been pretty complicit in perpetuating male dominance through sexual violence. Just as a single example, it's not a coincidence that there weren't even such things as laws against marital rape in all states until the early 90s. There's a cultural element to the way many men think about sexual assault allegations, and a lot of tendencies towards disbelieving victims even though false allegations are rare (which is not to say that they aren't serious!), and blaming victims in various ways.
It's also the case that the nature of criminal justice just doesn't work that well for these cases, precisely because there's often a lack of perfectly objective evidence (and I agree with rightwinger that testimony is evidence, n.b. that "evidence" is not "proof"). This is an unfortunate drawback of the standards of evidence we use in criminal cases. Don't get me wrong, we have good reasons for insisting on those standards and there would be other problems with relaxing them, but we should be cautious about the fact that "proof beyond a reasonable doubt" almost necessarily means that many victims will never be able to have justice, because it's simply impossible for them to ever meet that standard. That's why rape is so under-reported and why there are relatively few prosecutions. This is a real injustice for women who have little recourse in many cases.
2. Marital rape has nothing to do with women, it is about destroying marriage and families. You cannot rape your spouse. All the morons on here who say otherwise are suffering from early political correctness.