If you care about sexual violence, you have to care about due process, argues the lawyer and activist azbrodsky. She spoke with irin
Photo-Illustration: by The Cut; Photos: Lily Olsen/Macmillan Publishers Too often, the mantra “What about due process?” is used to misdirect from a high-profile allegation of sexual harm, not express genuine concern for fairness. But attorney and anti-sexual-violence activist Alexandra Brodsky’s recent book, Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash dares to ask the question in good faith.
This sounds dismissive, but I think a lot of people don’t think of sexual assault as anything more than a crime. If sexual assault is only a crime, then it makes sense that the only fair procedure to address that allegation would be a criminal trial. Any kind of investigation that falls short of that is going to be inherently unfair.
What I have to remember, turning on my human brain, is that when we refer to due process, we’re generally not thinking about the specific legal rules but the ethical principles that underlie those, because those ethical principles have shaped the law and are shaped by the law.
I worry what a freshman learns when they see that their friend accused of punching someone in the face or using slurs of a nonsexual nature is subject to one process, then that their classmate accused of sexual assault is subject to another process that requires significantly more vetting, a higher standard of evidence, a different, more adversarial kind of questioning, and that what they’ll take away from that is allegations of sexual harm are uniquely suspect and the people who make those...
For the book, you also talked to people who were accused of sexual harassment at school and at work. Tell me about how those conversations went — you mention in an aside that some of those people lied to you or weren’t fully forthcoming with the facts.
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