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

jemma-beale-rape

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.

HUMILITY

Christ Washing Peter's Feet, Ford Madox Brown

This is our weekly article examining an aspect of the Judaeo-Christian faith.

Modern society is based around a culture of self-esteem.  Whatever happens to make us feel good in the moment is the highest order of the day. Hence we get the abolition of winners and losers, and the advent of moral relativism.  Our highest consideration is to ourselves, with no room for God our other people.

A lot of this affliction comes from post-modernism (the belief there is no determinable reality) which has changed the definitions of ‘arrogance’ and ‘humility’ to mean ‘conviction’ and ‘doubt’, respectively. Through post-modernism our sense of humility has shifted from humility towards ourselves, to doubt of the greater truth. As G.K. Chesterton (1874 – 1936) predicted in 1908:

” What we suffer from today is humility in the wrong place. Modesty has moved from the organ of  ambition. Modesty has settled upon the organ of conviction; where it was never meant to be. A man was  meant to be doubtful about himself, but undoubting about the truth; this has been exactly reversed.  Nowadays the part of a man that a man does assert is exactly the part he ought not to assert — himself.  The part he doubts is exactly the part he ought not to doubt — the Divine Reason. . . . The new skeptic  is so humble that he doubts if he can even learn. . . . There is a real humility typical of our time;  but it so happens that it’s practically a more poisonous humility than the wildest prostrations of the  ascetic. . . . The old humility made a man doubtful about his efforts, which might make him work harder.  But the new humility makes a man doubtful about his aims, which makes him stop working altogether. . . . We are on the road to producing a race of man too mentally modest to believe in the multiplication  table.”

 The Bible urges us to pursue humility. C.S. Lewis (1898 – 1963) once observed that humility is “not thinking less of yourself, but thinking of yourself less.” It requires us to take our personal thoughts and feelings out of a situation in order to act selflessly for others.  When we humble ourselves, God exalts us.

John Chrysostom (c. 349 – 407AD) once observed that “humility is the root, mother, nurse, foundation, and bond of all virtue.” They key to true humility is subordinating yourself totally to the command of God. Never be afraid to fall on your knees in the presence of God.