When it comes to sexual-misconduct claims against public officials, the same standard should be applied to everyone. We must reject slogans like #believewomen and instead grant the accused a presumption of innocence. However, that’s not the same thing as saying that accusers have to prove their claims beyond a reasonable doubt. Because we should hold public officials to a high standard of behavior — and because their liberty isn’t at risk — I’ve argued that we should ask a different question: “Is it more likely than not that the allegation is true?”
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But that hasn’t stopped a host of men and women on the Left from firmly believing that Kavanaugh is guilty, guilty, guilty. I wonder . . . How will these same individuals will view the sexual-misconduct allegations against Virginia’s Democratic lieutenant governor, Justin Fairfax? So far, they seem more solid than the claims against Kavanaugh.
In the Washington Post article linked above, we learn that the Post investigated the accuser’s claims against Fairfax “for several months.” (The Post also knew of Ford’s claims before they leaked). Fairfax and his accuser allegedly had a sexual encounter at the 2004 Democratic National Convention. Here’s how the Post describes the claims:
During a conversation, the two realized they had a mutual friend. It was that commonality, she recalled, that put her at ease enough that on the afternoon Fairfax asked her to walk with him to his hotel room to pick up some papers, she thought nothing of joining him.
Fairfax and the woman told different versions of what happened in the hotel room with no one else present. The Washington Post could not find anyone who could corroborate either version. The Post did not find “significant red flags and inconsistencies within the allegations,” as the Fairfax statement incorrectly said.
More:
The woman described a sexual encounter that began with consensual kissing and ended with a forced act that left her crying and shaken. She said Fairfax guided her to the bed, where they continued kissing, and then at one point she realized she could not move her neck. She said Fairfax used his strength to force her to perform oral sex.
The Washington Post, in phone calls to people who knew Fairfax from college, law school and through political circles, found no similar complaints of sexual misconduct against him. Without that, or the ability to corroborate the woman’s account — in part because she had not told anyone what happened — The Washington Post did not run a story.
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The Fairfax accuser came forward far sooner than Ford, she identified the specific time and place of the attack, the accused agreed that he was with the accuser at that time and place, there was an admitted sexual encounter, and — according to the Post — the paper “did not find significant red flags and inconsistencies” in her claims. Indeed, by making that statement, the Washington Post already contested a key Fairfax defense:
— Justin Fairfax (@LGJustinFairfax) February 4, 2019
Based on the obvious problems and inconsistencies with even the first version of Ford’s claims, I expressed skepticism from the outset. But given that there was reportedly an admitted sexual encounter between the accuser and Fairfax, aren’t there at the very least grounds for serious concern? Based on the available evidence (and without seeing any person tested by cross-examination), it’s far too premature to say that it’s more likely than not that Fairfax is guilty or to demand his resignation. It’s not too premature to wonder, however, whether “believe women” or “believe survivors” will apply with equal ferocity to more credible claims against a promising young Democrat.
- Discussion
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The allegations against Justin Fairfax are already stronger than any allegation made against Brett Kavanaugh. Will they result in the same fierce conviction that he's guilty? https://t.co/5rbI6u8ypx
— David French (@DavidAFrench) February 4, 2019
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