Tags: 2020 Elections | Joe Biden | biden | tarareade | allegations | alandershowitz | evidence

With Biden Look at the Evidence, Not Just the Accusation

With Biden Look at the Evidence, Not Just the Accusation

By Sunday, 10 May 2020 09:57 AM Current | Bio | Archive

The accusation leveled against Joe Biden by Tara Reade has once again generated the sexist mantra of “believe women,” as if one gender is biologically endowed with a truth gene, and the other with a lying gene.

There is absolutely no basis in science, morality, experience or law for this bias.

It is no different from saying “believe Jews,” “believe gays,” “believe Democrats,” or “believe lawyers.” Generalizing about any group without an empirical basis is bigotry, pure and simple.

Those who claim that “believe women” is not bigoted because it a positive not a negative attribute, are simply playing word games. The necessary corollary of “believe women” is “don’t believe men who deny what women accuse them of.”

In the Deep South during Jim Crow, prosecutors would sometimes argue, and some judges would even instruct juries, that white witnesses were more believable than black witnesses. These official statements were largely unnecessary because many of the members of all white juries already believed that malignant white lie.

How is this lie— that women are more believable than men — any different?

Several reasons are offered, none of which withstand critical analysis.

The first is in the form of a question: why would a woman ever lie about being sexually assaulted? Making an accusation is painful and fraught with danger. A false accuser can be prosecuted for perjury or making a false report. Their reputations will be trashed, their credibility challenged and their privacy violated.

All this may be true but insufficient to deter a false accuser who sees a pot of gold – compensation from the accused -- at the end of her ordeal.

Since the start of the #MeToo movement, millions of dollars have been paid out to accusers. While most of these accusations are likely true, it is also likely that some are false.

A former student of mine who practices law in Hollywood has told me that discretely accusing famous people and demanding hush money has become an industry.

Even falsely accused stars are inclined to pay for the silence of their accusers rather than have the accusation plastered all over the media. I am personally aware of several payments that were made to false accusers.

There may be other motivations beside money, including revenge, partisan political advantage, copy-cat #MeToo-ism. The point is that there are not only costs to making an accusation; there may also be benefits.

So the argument that no woman would ever accuse a man of sexual assault unless it were true is patent nonsense. Moreover, some of the “costs” are illusory. Women who falsely accuse men are rarely prosecuted for perjury, as their lawyers surely advise them. Even false accusers are often lionized by radical feminists.

The second argument is a claim that statistics prove that there are very few false accusations. But there are no empirical studies that demonstrate this. We only know that a given accusation is true unless the man confesses or the evidence is conclusive.

Every accusation should stand by itself, and not be judged on what people believe the averages or likelihood of its legitimacy might be.

In my view, even an accusation that results in a conviction doesn’t prove that it is true, especially today when the deck is stacked so heavily against the accused.

Some time ago, convictions of male predators were rare because women were not believed. At that time an acquittal would not prove that the accusation was false.

Today we see a similar phenomenon: a conviction does not prove a given accusation is true.

We simply can’t know for sure how many accusations are true and how many are false.

We do know that the number of false unfounded and questionable accusations is far from trivial, as evidenced by false accusers who eventually come forward and admit they made it up.

Consider, for example, the accusation made against me by a woman I never even met. Although she has essentially admitted -- in emails and a manuscript -- that she never met me and despite the fact that her own lawyer has acknowledged in a recording that she is “wrong … simply wrong” in accusing me -- her accusation will not be counted among the false ones.

The last argument is that today’s women deserve to be believed because so many women in the past were not believed. The effort to introduce a type of “affirmative action” into the criminal justice system is both immoral and illegal. Today’s innocent defendants who are falsely accused should not be asked to pay the price for yesterday’s guilty defendants who were falsely acquitted.

So let’s investigate all the evidence with regard to Reade’s accusation against Biden.

Let all the files be searched to see whether any contain relevant material . Let’s look at inconsistencies, corroboration and other circumstantial evidence. Only then can we form a view of who is telling the truth.

But let’s not put the sexist thumb of “believe women not men” on the scale of justice. 

Alan M. Dershowitz is the Felix Frankfurter Professor of Law Emeritus at Harvard Law School and author of "Guilt by Accusation" and "The Case Against the Democratic House Impeaching Trump." Read Alan Dershowtiz's Reports — More Here.

Follow Alan Dershowitz on Twitter: @AlanDersh and Facebook: @AlanMDershowitz

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The accusation leveled against Joe Biden by Tara Reade has once again generated the sexist mantra of "believe women," as if one gender is biologically endowed with a truth gene, and the other with a lying gene. There is absolutely no basis in science, morality, experience...
biden, tarareade, allegations, alandershowitz, evidence
Sunday, 10 May 2020 09:57 AM
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