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In the Fairfax case, there is no dispute of what occured. Both parties agree to all aspects, including the sex act.

The disagreement is solely about whether she consented or not. He says she was a willing participant. She says she never consented, and was forced.

So in the end, you have to either believe her, or him. There will be no evidence you can find that tells you what happened in the room; no video evidence exists, and no observers were present.

You will need circumstantial and implicit information, to make any informed guess. Is he the kind of person who might do this? Has she ever lied about an attack? Which person has a motivation to lie? What do their actions after the incident show you?

That he has another accuser doesn’t help him. But what really doesn’t “help” him is his actions during this time period. First, he knew she was accusing him over a year ago, and he told only a few democrat officials. That’s not surprising.

But, when it broke publicly, he lied about what the Washington Post had found, claiming that they found “red flags and glaring inconsistancies” in her story. the WP had to publish an article pointing out he was lying about them.

Then he called her names, and then tried to sue people for reporting it.

And now he threatened to file charges against her if she tried to file charges against him.

note that every one of these things is probably a good legal strategy. And frankly, it is unlikely they could get a conviction from him at this point, or at any point.

But in terms of believability and acceptability for public office, these are really bad things. Even BK never threatened criminal retaliation, or ANY retaliation at all, for Ford. He never said bad things about her. He merely proclaimed his innocence.

He was helped out by the fact that she couldn’t identify the time or place, that every person she said was there said they never remember ford being in the same place as BK, and his calendar indicates little possibility that the party ever happened.

The problem with the Fairfax story is — could you EVER get a conviction for it? Suppose right after he finished with her, she ran out of the room, and called police, and said “a man just raped me”.

And when they looked for evidence, they saw no physical indication of any assault. And the guy said “she agreed to sex, but afterwards, she asked for my number, and I told her this was a one-time thing, and she got really upset and ran off”.

So they would have two competing narratives, and no physical evidence indicating one or the other. How would you get him?

Well, the same way you’d get someone for stealing your car.

Imagine you hang with someone for a weekend, you are hitting it off. At some point, you are sitting in a bar, and they leave. an hour later you realize your keys are missing, and your car is gone. 3 hours later she drives back with the car, and the police are there to arrest her.

She claims you lent her your car. How do you prove you didn’t? How do you prove that you weren’t just mad at her, so you said she could borrow the car, and then reported it stolen?