Just because you want evidence, it doesn’t mean you’re apathetic to assault

Rape is one of the worst things that a person can do to someone.

As I consider the allegations against Supreme Court nominee Brett Kavanaugh, there’s something that bothers me. The narrative has been spun as if a person doesn’t care about sexual assault or doesn’t care about women if they want evidence a crime actually happened.

The penalties for these crimes are sickeningly lenient. It’s a major societal problem.

But there still needs to be evidence.

When all that is needed is taking someone’s word for it, in any society, there are major injustices which can occur. Because I do think a fair, open-minded person can legitimately have some questions in this case.

Rachel Mitchell, the prosecutor who questioned Dr. Ford at the hearing last week released a memo today outlining some of her findings from the hearing and other reports made by Ford.

In the legal context, here is my bottom line: A “he said, she said” case is incredibly difficult to prove. But this case is even weaker than that. Dr. Ford identified other witnesses to the event, and those witnesses either refuted her allegations or failed to corr oborate them.


The fact that does the most damage to Ford’s case is that she named three other people (besides her and Brett Kavanaugh) who she says were at the party. Not only do none of them corroborate her story, they all deny remembering the party ever even happened. Including her childhood best friend! Ford’s best friend Leland Keyser gave sworn testimony where she doesn’t ever even recall being at any party or gathering where Brett Kavanaugh was even present.

That’s significant!

There needs to be some sort of evidence.

Ford’s testimony has holes in it. And all I’m saying is that we should have something more than “she said it happened” if we’re going to destroy a man’s life. I’ve heard people dismiss the need for evidence because men are just so powerful and privileged. That doesn’t change if this event did or didn’t happen? That doesn’t’ change that there should be evidence. That’s nothing more than an anti-intellectual ploy to avoid addressing the issue head on and having an honest conversation. This isn’t men vs women. Truth is what matters!

Why did Ford say that she needed to wait several more days because she had PTSD from the assault and didn’t feel comfortable flying despite the fact that she flies all the time? Why doesn’t she have one piece of corroborative evidence? Who’s paying for her lawyers?

With people who have already made up their minds, there was no winning for Kavanaugh. People talk about his demeanor in the hearing. He seemed angry. Barbara Boxer and others argued that with this sort of anger, they could easily see him being a sex offender. But no matter what his demeanor had been ,it would have been spun. Had he been happy, “look how happy he is, probably enjoying reliving his crimes.” Had he had no emotion, it would have been “This guy’s a sociopath! Are we sure he hasn’t also committed murders?”

Of course he was angry! He’s been the most talked about man in America for the last two weeks and it revolves around whether or not he’s a serial sex offender.

The political games are obvious. The fact that the democrats waited until after the hearings. Calling for an FBI investigation. It’s obvious what they’re doing: delaying. No FbI investigation is going to convince them, and they’ll say it was too short (delay tactic). The FBI also investigated Clarence Thomas and found nothing and there are people who still talk as if it’s a fact that he assaulted Anita Hill. It’ll be the same way with Kavanaugh. Democrat senators had said they weren’t going to vote for him from the onset of his hearings.

Again, I don’t take these crimes lightly. I’ve said since the beginning of hearing these allegations that it’s possible there’s truth to these claims.

Thanks for reading! I’d love to hear what you think, and don’t forget to subscribe! 

Josh Benner is the associate pastor at Cornerstone Evangelical Free Church in Fergus Falls, Minnesota and has a Master of Divinity from Trinity Evangelical Divinity School. He enjoys writing about faith and culture. He lives with his wife Kari in Minnesota.

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