10 Red Flags About Sexual Assault, From an Employment Lawyer

This morning the Federalist published an excellent analysis that exposes 10 red flags about sexual assault allegations that everyone should know.

These directly apply to the accusations being leveled against Brett Kavanaugh.

As you go through this list notice how many of these red flags apply to Blasey-Ford’s accusations:

When the complaint is “he said/she said,” we should not helplessly acquiesce to coin-flip justice that picks winners and losers based upon the identity politics profile of the accused and accuser. Experience with a career’s worth of complaints in hearings, depositions, and negotiations has taught me some tells, red flags that warn that an innocent person stands accused.

Without naming any particular accusation, I offer these factors for consideration to the fair-minded who remain open to the possibility that guilt or innocence is not simply a question of politics. I also remind the reader that politicizing these accusations have allowed men like Harvey Weinstein, Al Franken, Matt Lauer, Les Moonves, Bill Clinton, and Keith Ellison to escape accountability. Nobody seems to care if they walk the walk so long as they talk the talk.

1. The accuser uses the press instead of the process.

2. The accuser times releasing the accusation for an advantage.

3. The accuser attacks the process instead of participating.

4. When the accused’s opportunity to mount a defense is delegitimized.

5. The accuser seeks to force the accused to defend himself or herself before committing to a final version.

6. The accused makes a strong and unequivocal denial.

7. The accuser makes unusual demands to modify or control the process.

8. When the accuser’s ability to identify the accused has not been properly explained.

9. When witnesses don’t corroborate.

10. When corroborating witnesses simply repeat the accusation of the accuser but don’t have fresh information.

Seems like a lot of these red flags apply to Blasey-Ford’s accusations.

What do you think?

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