This past weekend, I had the chance to watch HBO’s Confirmation. It’s a dramatized version of Clarence Thomas’ confirmation to the Supreme Court of the United States. I probably shouldn’t be wading into an issue like this, especially without a fully formulated opinion, but I wanted to put proverbial pen to pad to work out some of the things that came to mind during (and immediately following) my viewing of the film.
The first, and probably most important thing that came to mind was the undue hardship that society places onto the victims of sexual assault. I can’t imagine what it was like for Anita Hill (or her friend and family) to have to experience what she experienced, especially given that she was approached, rather than her seeking out someone to tell her story. This seems wrong. It’s unjust. Victims of sexual assault shouldn’t have to weigh the potential consequences to their lives should they come forward. It shouldn’t be part of the equation — at all. Just the fact that they’ve experienced sexual assault first hand is enough trauma for one lifetime and then to put them through the media circus… that doesn’t sound like justice to me.
Of course, most sexual assaults aren’t escalated to a high-profile nature like that of Thomas/Hill’s. That doesn’t make them any less painful or any less difficult for the victims to come forward in their communities. In fact, some might argue that it’s harder in these kinds of instances because there might not be the kind of support (i.e. skilled lawyers, etc.) for the cases that aren’t high-profile.
The second thing that came to mind was the timing of the confirmation hearing. It took place in the fall of 2011. About six months later, there were the Los Angeles riots. And about two short years after that, the OJ Simpson trial. I’m sure there were other key events that took place (as an elementary school student, I wasn’t really interested in national/world news, mainly whether or not the Blue Jays or the Leafs won). Any of these events taken on their own seem like touchstone moments for a country grappling with race relations, but then to have three like this grouped so closely together…
Some may quibble with my inclusion of the confirmation hearing with the LA riots and the Simpson trial, but to my mind, there’s a thread that links all three. I mean, I can’t know this for sure, but I bet that most people would agree that if Anita Hill were white, Clarence Thomas’ confirmation hearing may have gone very differently.
I want to circle back to my point in the beginning. Injustice. It seems that there’s a perversion of justice when someone who has suffered harm has to then consider suffering more harm in the pursuit of justice. That’s not right. Given the structure of the justice system in the US, I don’t know what the solution would be, so that there’s protection for the victim, but that the accused is able to face their accuser. It seems like this is an area ripe for innovation.