Two recent works connect the dots between the biases within the justice system and the bias outside it.
In the year since Brett Kavanaughâs Supreme Court confirmation hearings, one exchange has replayed in my mind more than any other. It happened on the day Christine Blasey Ford testified to the Senate Judiciary Committee that Kavanaugh had sexually assaulted her at a high school gathering in 1982. Sen. Lindsey Graham, one of the most strident Kavanaugh supporters on the committee, was storming through the Capitol during a break in that dayâs hearing when activist Robyn Swirling approached him. âSen. Graham, I was raped 13 years ago,â Swirling said.
Graham had been telling reporters that Fordâs inability to pinpoint the date of her alleged assault had made him doubt her story. Swirling told him that she, too, could not remember the exact date of her rape. âIâm so sorry,â Graham said, without making eye contact.
Swirling continued, âYouâre so sorry, but do you believe me?â
âYou needed to go to the cops,â Graham said. âGo to the cops.â
In some ways, it was a routine and minor moment: a clash between a progressive activist and a conservative lawmaker in a basement hallway in the Capitol. But the whole sceneâSwirlingâs insistent telling of her rape, Grahamâs invocation of the police she didnât call as a way to dismiss her story entirelyâencapsulated, in just a few seconds, the dynamic conservatives had established to defend their own from allegations of sexual assault. Graham didnât know whether Swirling had reported her rape to the cops, didnât care that she wasnât accusing a specific person or trying to get anyone in trouble. His knee-jerk response to an allegation of rape made in a vacuum, by a woman he knew nothing about, was to tell her she was doing it wrong.
Police reports, or the lack thereof, have loomed large in recent years in right-wing bids to discredit women who accuse powerful men of sexual abuse. In 2016, Bill OâReilly said on his dearly departed Fox News show that he refused to âget intoâ the sexual assault allegations against Donald Trump unless police were taking on the cases. Conservative columnists have used the absence of law enforcement involvement to cast doubt on the stories of Ford and E. Jean Carroll, who in June accused Trump of having raped her in a department store fitting room in the 1990s. When Ford first came forward with her allegation against Kavanaugh, Trump tweeted that âif the attack on Dr. Ford was as bad as she says,â she or her parents would have promptly notified the authorities.
That tweet prompted thousands of sexual assault survivors to explain their own reasons for deciding not to tell the police (or, in some cases, anyone) about what happened to them, using the hashtag #WhyIDidntReport. People wrote of feeling sure they wouldnât be believed, worried about preserving professional relationships with their assailantsâ friends, or embarrassed that theyâd been drinking too much. Many said theyâd played out a possible police report in their mindsâand the interrogation, public scrutiny, and invasive investigation that could followâand decided it wasnât worth the slim chance at seeing justice served.
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