The Daily Tar Heel
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The Daily Tar Heel

Column: Where's the evidence?

Presumption of innocence. A cornerstone to the American legal system. Yet some want to throw it out the window. 

Let’s begin with this point: Brett Kavanaugh’s hearings have become far more than a mere job interview right now. These hearings are far closer to resembling a trial than what one might reasonably expect a job interview to look like. Neither is a Supreme Court seat the only thing at stake for Kavanaugh here. His reputation, his job as a teacher, the respect of his peers, the stability of his family. All of these have been put at risk by such accusation. So, too, he has testified under oath — a situation where he might be charged with a felony if proven to be lying. Lastly, and most importantly, there is no statute of limitations for felony sexual offenses in Maryland. 

This risk should ensure Kavanaugh a presumption of innocence.

The idea that women’s accusations should be believed is a well-intentioned one. The sexual humiliation and abuse that women all over our country suffer is real and often ignored. I personally know women who have been subjected to this behavior; I’ve been close to these women, I’ve heard their stories and I’ve confronted these men only to watch them deny that they did anything wrong. 

A justice system where an accusation, without supporting evidence or corroboration, is enough for guilt to be decided is no longer a justice system. It is a tyranny run by the people who pull their gun the fastest. There is no justice in a system that does not require evidence to be convicted of a crime. Perhaps our system is not exactly perfect. That does not change the fact that a presumption of innocence protects you and me from the clutches of those who might wish us ill and intend to take advantage of us using the legal system.

Let’s be clear. This situation is awful. Neither side has real evidence or corroboration that proves either’s case. It is, essentially, his word against hers. You might have decided that Christine Blasey Ford was telling the truth based off of her powerful testimony today. Equally, Kavanaugh's testimony might have convinced you that he was innocent. But the nature of the American justice system demands that Kavanaugh be treated as if he is innocent until actual evidence is presented. It is true that many women have been abused and feel unable to come forward about their experiences. This fact on its own does not prove Kavanaugh’s guilt. 

If I can’t convince you that Kavanaugh deserves the presumption of innocence, I recommend reading a book called “To Kill A Mockingbird”. 

You might have heard of it. 

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