https://www.weeklystandard.com/adam-j-white/brett-kavanaugh-christine-blasey-ford-and-the-senates-burden-of-proof
Understanding where the burden of proof really rests.
As the Senate considers Dr. Christine Blasey Ford’s accusation that Judge Brett Kavanaugh sexually assaulted her 30 years ago, senators find themselves asking a basic question familiar to all lawyers: Who bears the burden of proof—the accuser or the accused?
But the greater burden is the one borne by the Senate itself, which now must come to a decision on Kavanaugh’s nomination, and do so in the manner that will best promote transparency and fact-finding in this nomination and all future nominations.
The “burden of proof” issue is the crux of the debate surrounding Dr. Ford’s accusations against Judge Kavanaugh precisely because she has produced no evidence to support her accusations against him. She has no physical evidence, though that is unsurprising given that she is alleging a three-decades-old-crime. More surprising, and more disconcerting, is the fact that the direct witnesses that she identified disclaim any knowledge of the crime she says they were present for; the fact that her therapist’s notes of her statements neither name Kavanaugh nor square with her other specific allegations; and the fact that Senator Feinstein herself did not pursue the allegations until after the regular confirmation hearings had ended and Kavanaugh was poised for a successful vote.
In sum, Dr. Ford’s accusation against Kavanaugh is unsupported save for the accusation itself, and those who say that she told them about Kavanaugh in the last handful of years, three decades after the alleged incident. And Kavanaugh, for his part, denies the accusation categorically—he denies assaulting her at any time or any place, including at the unspecified house party in an unknown house during an unknown year.
So is that enough for the senators to decide to vote for Kavanaugh, Ford’s accusation notwithstanding? Judge Kavanaugh’s supporters think so, pointing to the traditional criminal-law standard of presuming the defendant’s innocence and requiring the prosecutor to prove otherwise.