The Brett Kavanaugh Hearings Could Change Sexual Assault Reporting—but How?

Christine Blasey Ford’s decision to publicly accuse Supreme Court nominee Brett Kavanaugh of sexual assault irrevocably changed her life. If her claims, which the judge adamantly denies, help keep him off the bench, her decision may also change the course of American history.

America was watching when the California college professor testified about Kavanaugh before the Senate Judiciary Committee on Thursday. Among those who may have watched extra closely: Women still privately weighing whether to speak out against their own assailants.

Ford’s challenge to Kavanaugh has energized talk of a new era of empowerment for accusers. But there are still fears that what she’s experienced since coming forward—and the final Senate verdict on Kavanaugh, which has now been delayed pending a brief FBI inquiry—could convince some women to stay silent.

“There's a very, very high cost to the accuser when they report,” says Professor Linda Martín Alcoff of the Graduate Center and Hunter College of the City University of New York—whether emotional, financial, or professional. Before taking the risk, women consider what they’ve seen happen to both public figures and people they know: “They're guessing what the cost will be—and they're making reasonable guesses that the cost is going to be high,” she says.

Even with that, Martín Alcoff says the outcome of the Ford-Kavanaugh confrontation will affect attitudes toward reporting sexual assault “for years to come” because it is unique. Specifically, it’s what she calls a “best-case scenario” for an accuser.

First, she says, Ford’s accusation is being taken seriously—something not every accuser can count on. She has the benefit of a legal team on her side. Ford has also been able to produce evidence to support her claim that Kavanaugh assaulted her at a party in 1982, including polygraph test results and health records.

Despite those advantages, Martín Alcoff says, Ford still got enough threats after she went public to compel her to flee her home.

And though Ford’s claims come after the rise of movements like #MeToo and #TimesUp, Martín Alcoff, also the author of Rape & Resistance, says Ford's case may face some of the same procedural hurdles—and skeptical attitudes—Anita Hill confronted in 1991 when she alleged in groundbreaking testimony that then-SCOTUS nominee Clarence Thomas had sexually harassed her.

Thomas was confirmed by the Senate, 52 to 48. He still sits on the high court today.

If Ford’s testimony does help tip the Senate away from confirming Kavanaugh, it’s likely she’ll be cheered in other circles: His rejection might be hailed as vindication for assault survivors—particularly those who dare to challenge the powerful. (Separately, those who call Kavanaugh a threat to abortion rights wouldn’t mind if he tanked; President Donald Trump’s foes might love to see his nominee implode, particularly in a hot election year.)

Ford certainly appears to have more public support (and Kavanaugh less) than was the case in the Hill-Thomas showdown. Hill was castigated for her testimony, but on Monday, women (and men) hit the street to show their faith in Ford; in a second accuser, Deborah Ramirez, whose claims Kavanaugh also denies; and to telegraph a message to survivors: We Believe You.

That profession of faith got even louder on Thursday, when Ford supporters (and, in fairness, some detractors) descended on Washington to bear witness as Ford testified before Judiciary.

Celebrities have come forth in force to signal-boost that message—including by sharing their own stories of #WhyIDidntReport and applying pressure to other public figures, like Ivanka Trump. Also, as the organization RAINN (Rape, Abuse, & Incest National Network) noted, calls to the National Sexual Assault Hotline have jumped since Ford spoke out—the kind of uptick often seen when misconduct stories make headlines.

Ford has already paid a price for accusing Kavanaugh of having drunkenly groped her—and covering her mouth when she resisted—whether in the threats she’s fielded or the critiques of her integrity and motives, including some from the president himself.

On the flip side, Kavanaugh’s wife, Ashley, has also reportedly received violent, threatening messages at work. The judge’s supporters (and the judge himself) say he has been unfairly forced to defend his reputation against unsubstantiated accusations.

Martín Alcoff says many of her students have told her of “being stalked, and harassed, and threatened” by someone they accused—and his pals.

Social media may broaden the public debate about sexual misconduct, but for accusers in high-profile cases, Martín Alcoff says, it also means “you have to fear retaliation not just from the person's friends,” but faceless “hashtag activists” who may know neither accuser nor accused. Their mobilization may show something bigger at play than this or any one case: “It seems like really what they want is to push back the growing power the victims, generally women, are gaining in the public sphere,” she says.

Despite the court of public (and social media) opinion, only the full Senate decides if Kavanaugh gets that lifetime SCOTUS seat or not.

The Senate considers the judiciary committee's recommendation, but isn't bound to agree with it. Still, the panel’s willingness to move to the recommendation stage so quickly concerned Ruth Glenn, president of the National Coalition Against Domestic Violence, who told Glamour earlier this week that “the disregard and disdain with which Dr. Ford and Ms. Ramirez [have] been treated will have a real effect on victims reporting their assaults.

"These actions reinforce to victims that they have no voice [and] will not be believed," she says. "They will continue to be stigmatized and traumatized, not just today, but the chilling effect will last for years to come."

Overall, Martín Alcoff says the vitriol surrounding the Kavanaugh confirmation "will certainly demoralize future accusers, both because of the fact that these accusers have had to actually put their [lives] in danger, and because of the flippant way their accusations have been dismissed without investigation."

Still, she says, "I feel confident victims will continue to speak out. The accusers have had support from coast to coast, with their supporters willing to share the abuse and get arrested. It’s a sad moment, but all the more inspiring since women are not backing down."

Celeste Katz is senior political reporter for Glamour. Send news tips, questions, and comments to celeste_katz@condenast.com.

MORE: A Tale of Two Cities: A Snapshot of Washington D.C. on the Historic Kavanaugh-Ford Hearing Day