NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / World

Lizzie Marvelly: A far cry from the folly of youth

Lizzie Marvelly
By Lizzie Marvelly
NZ Herald·
28 Sep, 2018 05:00 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

The accusations against Brett Kavanaugh may have already tarnished his bid for the US Supreme Court. Photo / AP

The accusations against Brett Kavanaugh may have already tarnished his bid for the US Supreme Court. Photo / AP

Lizzie Marvelly
Opinion by Lizzie Marvelly
Lizzie Marvelly is a musician, writer and activist.
Learn more

COMMENT

Justice is a fickle friend. It favours the fortunate. Despite our intentions - our honourable hopes for a system that will rebalance the scales when things go badly awry - the justice system, as a human invention, is as fallible as all things human.

But still, we must cling to it, as the alternative – lawless apathy – isn't an alternative at all.

As such, it becomes even more important that the people tasked with the responsibility of upholding the framework of societal stability should be as principled and skilful as possible.

The law, that supposedly dispassionate instrument of right and wrong, is only as righteous as its officers.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Which is why the idea of a Supreme Court justice tarnished by multiple sexual harassment and assault allegations in any jurisdiction is so dangerous.

Hypothetically, if a society appoints judges who have escaped justice and thwarted the law, the system becomes a sham. (More of a sham than it already is, that is, when you consider the frightfully low conviction rates for crimes of a sexual nature.)

An allegation is only an allegation. As citizens of developed democracies, we are entitled to a fair trial and the presumption of innocence.

As a human rights supporter, I believe that those rights are sacred, but what happens when justice overwhelmingly seems to flow in only one direction? What happens when the system that is supposed to protect the rights of victims ends up shielding perpetrators?

When an estimated six sex offenders in 1000 land in prison (in the United States) while the others walk free, it seems overwhelmingly apparent to me that the system has failed abysmally.

Discover more

Opinion

Lizzie Marvelly: Comedian Louis CK's comeback just isn't funny

31 Aug 05:00 PM
Opinion

Lizzie Marvelly: Love is not the same all over the world

07 Sep 05:00 PM
Opinion

Language of the land is being spoken

14 Sep 05:00 PM
Opinion

Lizzie Marvelly: The joy of a quarter-life crisis

21 Sep 05:00 PM

It is against this background that Brett Kavanaugh has been put forward as a candidate for the vacancy left by Justice Kennedy on the Supreme Court of the United States.

Judge Kavanaugh has not been convicted of any crime. He has, however, been accused of sexual misconduct during his younger years by (at the time of writing) three different women.

Advertisement
Advertise with NZME.

There will be many who feel uneasy about the idea of "unproven" allegations impacting upon the reputations of presumed innocent citizens. I'm among them.

Over the past decade, though, I've become more uneasy about the failure of the system to reliably deliver justice to victims of crimes of a sexual nature. The emergence of the #MeToo movement is a direct consequence of a failing justice system.

Over the past few weeks, I've heard questions asked about whether an incident that happened when a man was a teenager should follow him his entire life. I've heard musings about whether "youthful mistakes" should cost someone their career.

Forcibly holding someone down, covering their mouth and trying to initiate non-consensual sexual contact with them could be characterised as many things, but a folly of youth is not one of them.

Other allegations against Kavanaugh include trying to spike the drinks of vulnerable young women for the purpose of gang raping them. If such things can be swept under the rug without consequence, how can any teenage girl reasonably feel safe?

Let's be clear. Alleged "youthful mistakes" have not cost Brett Kavanaugh his career. To date, he has had an extremely successful career. Until now, he had never suffered a single public consequence as a result of his alleged "indiscretions".

Advertisement
Advertise with NZME.

That changed because he has opted to apply for a job as a one of the most powerful people in the United States of America; a job that he will be offered for the rest of his life. The kind of job that requires not only incredible skill from a candidate, but impeccable, unimpeachable character and judgment.

What if a 17-year-old murdered someone, and the crime was only discovered many decades later, when he had gone on to live an apparently moral life? Should the crime of taking someone's life be ignored, because the criminal who committed the crime had since managed to make something of his life, or should justice prevail?

Sexual abuse is not murder, but it is a form of taking a life. When sexual abuse occurs, your heart continues to beat, but the life that you would've had – one free from trauma, one in which your most intimate boundaries hadn't been violated – is gone.

You survive. You work through things as best you can. But you are not the same. A part of you cracks, and while you can repair it and grow strong again, that scar seldom disappears.

The gravity of the accusations levelled at Judge Kavanaugh means that they can't simply be swept under the rug. A process of robust investigation by the FBI is the only way to protect the already compromised credibility of the Supreme Court.

If Kavanaugh is nominated and confirmed without a completely clean record, the Supreme Court risks looking like a joke, particularly given the presence of Judge Clarence Thomas, who was famously accused of sexual harassment by Anita Hill in 1991.

Advertisement
Advertise with NZME.

What message is sent to victims of sexual assault and harassment, if two of the most powerful arbiters of justice in the entire country might have victimised people themselves?

Politically, the stakes are high. Politics and the courts are inevitably intertwined in most countries, but in the United States, politicians and judges may as well be the same thing.

The same battles are fought in courtrooms as are waged on Capitol Hill.

Republicans and Democrats, those two sides of the same coin, are locked into an interminable stoush to impose their worldviews upon each other.

Justice, like every other power structure in the modern United States, is certainly not impartial.

The appointment of Kavanaugh risks more than just political backlash, however.

Advertisement
Advertise with NZME.

If a Republican president who has himself been accused of sexual assault by multiple women is able to install on the bench a justice with multiple sexual misconduct allegations to his name, he may as well declare open warfare against women.

He won't win. Hell hath no fury like a sisterhood scorned.

Save

    Share this article

Latest from World

World

Syrian doctor gets life sentence in Germany for slayings, torture under Assad

17 Jun 06:00 PM
Premium
World

How Peter Mutabazi turned a childhood of hardship into hope for foster kids

17 Jun 06:00 PM
World

Venezuela's El Dorado, where gold is currency of the poor

17 Jun 06:00 PM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from World

Syrian doctor gets life sentence in Germany for slayings, torture under Assad

Syrian doctor gets life sentence in Germany for slayings, torture under Assad

17 Jun 06:00 PM

The prosecution of Alaa Mousa relied on the legal concept of universal jurisdiction.

Premium
How Peter Mutabazi turned a childhood of hardship into hope for foster kids

How Peter Mutabazi turned a childhood of hardship into hope for foster kids

17 Jun 06:00 PM
Venezuela's El Dorado, where gold is currency of the poor

Venezuela's El Dorado, where gold is currency of the poor

17 Jun 06:00 PM
Premium
Israel Iran conflict: Pentagon expands its Middle East response

Israel Iran conflict: Pentagon expands its Middle East response

17 Jun 05:00 PM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP