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The Presumption of Innocence is Worth Protecting No Matter What the Cost

Jemma Beale was sentenced to ten years imprisonment after it was found she had made repeated false rape allegations.
In February 2013, Vassar College student, Xialou “Peter” Yu was accused of sexual assault by fellow student, Mary Claire Walker. The accusation stemmed from an incident occurring twelve months previously in which Walker had accompanied Yu back to his dorm room after a party and initiated consensual sex. Walker herself broke off the coitus early. She had decided that it was too soon after ending her relationship with her boyfriend to embark on a sexual relationship with another man. She even expressed remorse for having “lead Yu on” and insisted that he had done nothing wrong.
Nevertheless, at some point, Walker decided that she had been sexually assaulted and Yu was mandated to stand before a college tribunal. At this tribunal, Yu was refused legal representation, had his attempts at cross-examining his accuser repeatedly stymied, and potential eyewitness testimonies from both Yu and Walker’s roommates were suppressed by the campus gender equality compliance officer. Supposedly because they had “nothing useful to offer.” In what can only be described as a gross miscarriage of justice, Yu was found guilty and summarily expelled.
Unfortunately, the kind of show trials that condemned Yu is not entirely uncommon in American colleges and universities (and, like many social diseases, are starting to infect Australian campuses, as well). They are the result of years of unchallenged feminist influence on upper education. These institutions have swallowed, hook, line, and sinker, the feminist lie that every single woman who claims to be sexually assaulted must be telling the truth.
The problem begins with those who make public policy. The US Department of Education has been seduced by the ludicrous idea that modern, western societies are a “rape culture.” They have brought into the lie that one-in-five women are sexually assaulted on college campuses, despite the fact that this statistic (which conveniently seems to come up with exactly the same ratio no matter where it’s used) comes from an easily disproven web-based survey.
This survey, which was conducted at two universities in 2006, took only fifteen minutes to complete and had a response rate of just 5466 undergraduate women aged between eighteen and twenty-five. Furthermore, it was poorly formulated with researchers asking women about their experiences and then deciding how many of them had been victims of sexual misconduct.
Regardless, the lack of credibility that this survey possessed did not stop the US Department of Education’s Office of Civil Rights from laying out guidelines for handling reports of sexual misconduct. Among these recommendations was that reports of sexual misconduct should be evaluated on the “preponderance of evidence” rather than the more traditional “clear and convincing evidence.” This radical shift in standards of proof means that accuser only has to prove that there is a reasonable chance that a sexual assault occurred rather than having to prove it beyond a reasonable doubt.
It would be an understatement to say the college and university rape tribunals – and the policies that inform them – violate every legal principle and tradition of western law. American colleges and universities have created an environment in which male students can be stigmatised as sexual deviants with little to no evidence aside from an accusation. These tribunals not only violate standards of proof but the presumption of innocence, as well.
That these tribunals have decided to do away with the presumption of innocence should hardly come as a surprise. After all, the mere idea of the presumption of innocence is antithetical to human nature. It is natural for human-beings to presume that someone is guilty just because they have been accused of something. As the Roman jurist, Ulpian pointed out: the presumption of innocence flies in the face of that seductive belief that a person’s actions always result in fair and fit consequences. People like to believe that someone who has been accused of a crime must have done something to deserve it.
The presumption of innocence is the greatest legal protection the individual has against the state. It means that the state cannot convict anyone unless they can prove their guilt beyond any reasonable doubt. We should be willing to pay any price to preserve it. And we certainly shouldn’t allow extra-legal tribunals to do away with it just to satisfy their ideological proclivities.
LOWER THE VOTING AGE TO SIXTEEN? LET’S NOT
According to an article in the Sunday Mail entitled, “Vote #1 16 and Give Our Youth Their Say”, the South Australian Youth Affairs Council has responded to Business SA’s campaign to halt the disastrous mass exodus of youth from the state by pushing the State government to lower the voting age to sixteen.
The proposition has had a mixed response from the state’s major political parties. It has garnered support from the Australian Greens, and has had received an ambiguous nod of approval from the Labour Party, although Jay Weatherill has admitted that “Labour has no plans to take such a policy to this election.”
By contrast, the SA Liberal Party has reaffirmed its decision to leave the voting age where it is. Meanwhile, Nick Xenophon concurred but added that eighteen-year-olds need better education to be better voters.
Young people have often been used as pawns by the far left. They are perfectly prepared to “let children speak for adults” when the views they espouse align with their position. They are decidedly less willing when it doesn’t. Indeed, part of the motivation for giving sixteen-year-olds the vote is that they are far more likely to be fooled into voting for the kind of lunatic, far-left policies that most reasonable adults won’t.
Teenagers lack the cognitive development, life experience, and emotional maturity to make wise and informed decisions. For all their merits, young people can be reckless, impulsive, and self-centred. As a consequence, they often act without considering the long-term consequences their actions have on themselves or others.
In Britain, those who wish to lower the voting age typically talk about “seeding respect for the political process” and “increasing civic engagement.” However, lowering the voting age is not the way to do this. The true answer to “seeding respect for the political process” and “increasing civic engagement” is to educate youth on the political process, and foster a culture of responsibility and community engagement. As the conservative Youtube star, Roaming Millennial reminded her audiences, voting is a responsibility, not just a right.
SELF MASTERY
This week for our theological article, King Alfred Press will be exploring the quest for self-mastery and its importance in living a pious life.
For years, “living in the moment” has been popular advice among self-help gurus. No need to learn from history, no need to think about the consequences of your behaviour, the only thing that matters is satisfying present desires.
However, there is a fundamental problem with living in the moment: it causes you to act impulsively. You become a slave to circumstance. You end up becoming the sort of person who engages in unhealthy, short-term relationships, you become the sort of person who spends without thought and rack up massive credit card debts. Compulsive eaters have been known to literally eat themselves to death, and there is little need to discuss the relationship between crime and the intoxicating effects of alcohol.
The rational antidote, then, to living in the moment is to orientate yourself towards self-mastery. By doing so, we can live pro-active, Godly lives. God expects us to be diligent with what we have and where we are before we move forward with our lives. As it is written in the Gospel according to Luke (chapter sixteen, verse ten):
“If you are faithful in little things, you will be faithful in large ones. But if you are
dishonest in little things, you won’t be honest with greater responsibilities”
Self-mastery helps you achieve mastery of your own emotions, affections, likes, and desires.
So, how do you go about achieving self-mastery? Well, I cannot pretend to have the answers. However, it is eminently obvious that changing your daily habits is a good place to start.
First, engage in daily prayer. It will help you quieten your mind and communicate with God. Read your Bible or Torah. Remind yourself every day of what God expects of you. Second, practice self-denial. Third, do things deliberately, with purpose – act as though everything you do matters. Fourth, don’t lie – especially to yourself. The only way to overcome your problems is by being honest about them. Fifth, take care of your mind, body, and your surroundings. As Professor Jordan B. Peterson famously advises: “clean your room!” Keep your workspace clean and tidy, put everything where it belongs, make yourself orderly.