You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2024 Patriots' Day Campaign now.

October 10, 2018

Victims May Be Sincere, but Memory is Fallible

In time, the rage and rancor of the Brett Kavanaugh fight will subside, as rage and rancor invariably do.

In time, the rage and rancor of the Brett Kavanaugh fight will subside, as rage and rancor invariably do.

But the wounds of the last few weeks won’t really heal. It’s only a matter of time until a similarly bitter partisan fight erupts, and when it does we will sink to even deeper levels of spite and malice. The campaign to block Kavanaugh’s confirmation went beyond anything we’ve seen in a court fight before, and the ugly recklessness of recent days will be back.

Of all the demons unleashed during the assault on Kavanaugh, perhaps the scariest was the casual repudiation of due process — the wholesale elevation of belief over facts as the yardstick by which accusations should be judged.

The sexual-assault allegations deployed at the last minute against Kavanaugh remain uncorroborated, yet their truth promptly became a matter of faith among many on the left. Though the charges were wholly inconsistent with the judge’s longstanding reputation for rectitude, Democratic political leaders embraced them. “I believe you,” Kamala Harris and Richard Blumenthal told Christine Blasey Ford when she appeared before the Judiciary Committee. “You are speaking truth,” intoned Cory Booker. On Twitter and other social media, hashtag declarations of faith — #BelieveWomen and #BelieveSurvivors and #IBelieveChristine — mushroomed.

This is a free country, and people are free to believe anything they wish. But life in this country will grow steadily less free if fundamental elements of fairness, like the presumption of innocence, are simply jettisoned when an accusation is made by someone who says with seeming sincerity that she was sexually assaulted. Or when a serious accusation is made against someone who happens to belong to a disfavored group.

As recent events demonstrate, #BelieveWomen and #BelieveSurvivors are powerful political slogans. But science demonstrates even more powerfully that when men (or women) are deemed guilty on belief alone — belief without independent evidence — the results can be horrific.

Reams of psychological research confirm that human memory is notoriously fallible, and that the most traumatic memories — the ones that feel most vivid and indelible — are often the least reliable. When Ford told the Senate she was “100 percent” certain Kavanaugh had assaulted her, few could doubt she was speaking from the heart. But as the National Academy of Sciences emphasized in a lengthy 2014 report on the science of eyewitness testimony, people often “recall things we never experienced.” That is true even of our most unforgettable and upsetting memories. “Despite the vividness and the sense of reliving that characterizes retrieval of emotional memories,” the report said, “there are many indications that such memories are just as prone to errors.”

In a riveting New York Times essay in 2000, Jennifer Thompson described being raped at 22 by an armed intruder, and how determined she was to burn her attacker’s image into her memory. “I studied every single detail on the rapist’s face,” she wrote. “I looked at his hairline; I looked for scars, for tattoos, for anything that would help me identify him.” She later fingered the rapist in a series of police photos, and picked the same man out of a lineup. “I knew this was the man,” she wrote. “I was completely confident.” The man was arrested, convicted, and sent to prison.

But Thompson was wrong. Years later, DNA testing proved conclusively that the man she remembered so vividly was innocent. The rapist, who eventually pleaded guilty, was another man entirely.

Memories are fallible, and passion is distorting. That is why it is vital to our safety that the truth of accusations not be assumed automatically. Whether in a court of law or the court of public opinion, fairness demands that an accused not be punished on the strength of an accusation alone.

And fairness is bolstered not just by psychology but by history. Just as sexual assault is as old as mankind; so is the persecution of innocent victims through false or mistaken accusations of sexual assault. From the Scottsboro Boys to the Tawana Brawley case, from Leo Frank to the Duke Lacrosse team, examples of such injustices abound. The Innocence Project has cleared scores of men wrongly convicted of sexual assault.

BelieveSurvivors is not enough. It should go without saying that women who report being sexually assaulted deserve fairness, respect, and sensitive support. The men they accuse deserve fairness too, above all the presumption of innocence. When people’s lives, freedom, or careers are at stake, facts alone are what we should believe.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.