In listening to Judge Brett Kavanaugh’s accuser, we can right an historic wrong

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The shameful treatment of Anita Hill (above) when she accused Judge Clarence Thomas of sexual misconduct years ago should not be repeated now as the Senate considered accusations made against Supreme Court nominee Brett Kavanaugh, writes Illinois Attorney General Lisa Madigan. | File photo

As a first year law school student, I watched Anita Hill come forward and testify about then-Supreme Court nominee Clarence Thomas’ sexual harassment. At the time, it was revolutionary to see a woman have the courage to come forward and speak truth to power.

When faced with Hill’s detailed and credible account, Senate Judiciary Committee members belittled and scorned her. Then they voted to confirm Thomas’ lifetime appointment to the highest court in our country.

OPINION

My take-away as a young, professional woman was that I was on my own. If my coworkers, clients or law firm partners harassed me, no one in power was going to take my word for it, and it would be unwise to even try to tell them.

Now, another woman has come forward to tell the Senate Judiciary Committee what a different Supreme Court nominee did to her sexually. While the #MeToo movement has gone a long way to change how people react to allegations of sexual harassment, the Senate Judiciary Committee could reverse that progress.

Rarely does history give us a chance to right a wrong, but we have one now.

So far, the outlook is uncertain. Dr. Christine Blasey Ford was instantly attacked for coming forward too late, with people questioning her truthfulness and her motives. Why are we judging a victim’s incredibly difficult decision to come forward?

As Illinois attorney general, I have spent almost two decades working with survivors of sexual assault to remedy how we respond to these crimes. I have learned what the rest of the country is coming to grips with — that the vast majority of sexual assault victims do not report their crimes to authorities because of a deeply held and valid fear that they will not be believed. In particular, studies show that child victims of sexual assault often do not report until they are into their 40s.

We need to appreciate why people are unlikely to report these incidents. Many people struggle with whether they are responsible for what happened. They question whether they should or could they have done more to prevent it. They are embarrassed and fear the response of family and friends, and they worry that public disclosure will have professional repercussions. Most survivors spend a lifetime suffering in silence.

Adding to these difficulties for survivors is the fact that, as is so often the case, the public reaction is different to women and men. For example, only a few years ago, former Speaker of the House Dennis Hastert was accused of sexual abuse against boys on his high school wrestling team many years ago. Scott Cross, the brother of a prominent Illinois political leader, courageously came forward, decades after the alleged abuse occurred, and publicly told the world what had happened to him. People did not vilify him. People believed him, they supported him, and they had to rethink their opinion of their beloved coach, who rose all the way to being third in line to lead our country.

In fact, largely on the basis of Cross’ testimony, Illinois changed its law to remove the criminal statutes of limitation for felony child sexual assault and abuse.

For women, impediments to coming forward go beyond not being believed. Women fear they will be victimized again in the process. And statistics show they are unlikely to receive justice. This is a horrible, ingrained pattern in our society that finally is starting to be recognized and rectified.

There is no question that sexual assault and abuse are rampant in the U.S., with one in three women and one in six men experiencing sexual assault or abuse in their lifetime. While police reporting statistics remain anemically low, the number of survivors seeking help from rape crisis centers and hotlines is overwhelming.

So the question we must ask today is: Why are we more likely to listen to, believe and respond to reports of sexual misconduct when they come from a man and not a woman?

We are presented with an historic chance to help change this pattern and right a wrong embedded in our society and in our justice system. We can send a clear message to all women that we will listen to them, we will believe their credible allegations, and we will support them. Next week we will learn if the members of the United States Senate recognize that women have the right to be believed when they come forward with allegations of sexual harassment and assault the same as men.

Lisa Madigan has been the attorney general of Illinois since 2003. She is not running for re-election in November.

Send letters to: letters@suntimes.com.

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