It’s hard to say what will happen politically in Virginia these days, there have been so many surprises lately. But it seems that of all the accused public officials in the state, it’s Lieutenant Governor Justin Fairfax who may be the one to go. Even the Democrats are asking him to resign, and yet when the news of Governor Northam’s youthful blackface escapades (or at least, a photo of someone’s escapade on his med school yearbook page) surfaced, it was widely held that Fairfax would be an excellent replacement.
But then a credible allegation (see this for my discussion of the word “credible”) of sexual assault surfaced against Fairfax. Now, “credible” doesn’t mean “true”—it merely means “possibly true.” But then a similar accusation against the lieutenant governor was made by another woman, and this one seems to have turned the tide against Fairfax:
The allegations against Justin Fairfax are serious and credible. It is clear to me that he can no longer effectively serve the people of Virginia as Lieutenant Governor. I call for his immediate resignation.
— Terry McAuliffe (@TerryMcAuliffe) February 8, 2019
The thing that makes the accusation of the second woman, Meredith Watson, especially strong is that she apparently wrote about it to a friend in an email dated 2016, long before the accusation by Fairfax’s other accuser Vanessa Tyson became public, and that they seem to be describing incidents that were similar. Here’s more about Watson’s email:
The statement also says Watson told her friends about the incident in a “series of emails and Facebook messages” that are in the firm’s possession. In one of those emails, obtained by The Daily Beast, Watson told a Duke alumni who invited her to a 2016 Fairfax fundraiser that Fairfax raped her…
“Justin raped me in college and I don’t want to hear anything about him,” Watson responded to the email on Oct. 25, 2016. “Please, please, please remove me from any future emails about him please.”
In Facebook messages also obtained by The Daily Beast, Watson sent someone a link to an article about Fairfax running for the state’s lieutenant governor spot in March 2017. “This is absolutely disgusting! This dude raped me,” she wrote.
Watson then went onto say that she wanted “to say something” because she thought he “shouldn’t be running for office but she didn’t know what to do. When the individual suggested she speak out, Watson expressed doubt.
“But let’s face it, rape accusations barely carry any weight” without a name attached, she wrote.
The firm, Smith Mullin, also claims they have corroborating statements from Watson’s former classmates.
I am not, and never have been, in the camp of “believe the woman.” And even now, it is possible that both of Fairfax’s accusers are lying, and that they had some sort of motive to lie to friends earlier. But an email with a date is evidence of a different order—it establishes the strong likelihood that Watson made the claim before she had ever heard Tyson’s claim—unless of course they knew each other and had been in communication in some way.
That latter sort of possibility is one of the reasons we ordinarily have trials to establish guilt or innocence. A story can seem airtight on the surface and yet fall apart on investigation. But in the court of public opinion—which is where this is being tried—the story of this particular accuser and the documentation behind it makes a much stronger case than the accusations against someone like Kavanaugh, for example, which were remarkably weak.
As I wrote back in 2014 in a more general discussion about evaluating such he-said/she-said accusations:
I don’t care how many women pile on with similar stories; it’s the quality and timing of their stories that matter. Yes, women (and men, and children) sometimes lie, and not all that infrequently either. They also often tell the truth. However, I would be more convinced it was the truth if the people telling these rape stories were coming forward before the other stories had been publicized.
Timing and documentation of that timing are of the utmost importance in evaluating such stories. And with the Fairfax accusations, we have something that many of the other cases lack: an early and documented second accuser unlikely to have been influenced by the first.
Does that mean that both accusers are telling the truth? No. They could both be lying, and it could be a coincidence that their stories seem similar. They could both be mistaken. Their memories could be flawed, or if not their memories then their perceptions at the time. They may not have communicated their reluctance for such sexual contact, even though they think they did.
As I indicated earlier, those are the sorts of questions lawyers could explore in a court, with many protections for the defendant. But I don’t think this will ever come to that, and in the absence of a full exploration of the evidence, I’d say it appears more likely than not that Fairfax committed these acts, although he strongly denies them. That opinion of mine rests almost entirely on the timing and documentation of Watson’s (the second accuser’s) accusations.
