Leigh Corfman says that she was fourteen years old and waiting with her mother outside a courtroom before a custody hearing when Roy Moore, then thirty-two and an assistant district attorney, offered to stay with Corfman while her mother went into court. Corfman says Moore used that opportunity to get her phone number, and subsequently took her out on several dates. On one of those occasions, he took her to his home, undressed her down to her underwear, undressed himself to the same extent, fondled her through her bra and panties, and attempted to put her hand on his genitals.
If what Corfman says is true, Moore committed a felony under Alabama law (which hasn’t changed in the meantime). Moore says that none of it happened: “I never knew this woman. I never met this woman.”
Moore’s defenders say that he ought to be considered innocent until proven guilty, and that a “mere accusation” (as Donald Trump called it) shouldn’t block Moore’s election to the U.S. Senate. “It’s just he-said, she-said” is the favored phrase. (Moore and his friends also want to ignore the three other juvenile but barely legal girls who say he took them out and kissed them.)
As Mitt Romney among others has pointed out, this is absurdly confused; it’s an attempt to apply courtroom standards outside their proper realm. No one thinks an ordinary political charge needs to be proven beyond reasonable doubt before voters take it into account, and there’s no reason why a charge that happens also to be felony should be any different. (Moore’s attempt, and that of his supporters, to blame the Washington Post for concocting “fake news,” while it might be effective political rhetoric, lost all of its logical force when the Wall Street Journal re-interviewed the Post‘s sources and found that all of them confirmed that the Post had accurately reported their statements.)
Even if this were a criminal trial, Moore might well be convicted. Leigh Corfman’s sworn testimony would be sufficient to establish a prima facie case. It would then be up to the jury to weigh the credibility of the accusation against the credibility of the denial and decide whether they were convinced, beyond reasonable doubt, that the Moore was guilty. Sometimes the jurors decide that they are so convinced, even if it’s simply the bare word of the accuser against the bare word of the complainant: in a mugging, for example, there may be no other witness or physical evidence. If the victim has no apparent motive to lie – while the accused has the strongest of motives, the desire to escape a felony conviction – it may not be unreasonable for a jury to decide that the accusation is convincing enough to convict.
But Moore’s position is actually much worse than that of our hypothetical robbery suspect. Continue Reading…