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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.
The rise to power of Nationals leader and Deputy Prime Minister, Barnaby Joyce has come to a dramatic halt as news of his marital infidelity dominates the headlines.
The political fallout has been immense, but predictable. On Thursday, the Senate passed a motion that called for Joyce for to relinquish his post as Deputy Prime Minister. Greens leader, Richard Di Natale called on Joyce to resign and even demanded that the Nationals fire him if he refuses.
The Prime Minister, who commented that Joyce had made a “shocking error of judgement”, responded to the scandal by changing the ministerial code of conduct to prevent Federal Ministers from having sexual relations with members of their staff.
Joyce’s shocking lack of moral fibre has jeopardised any real political power conservatives in Australia have, and has threatened the delicate balance of power between the right-wing and left-wing factions of the coalition Government.
Following the usurpation of the conservative Prime Minister, Tony Abbott by Malcolm Turnbull – a prominent voice of the left-wing faction of the Liberal Party – many on the right hoped that a Joyce-led Nationals would be able to counteract the centre-left leaning Liberal Party with their brand of traditionalism.
Naturally, Barnaby Joyce’s marital infidelity and dishonesty puts the trustworthiness of politicians in question.
A large part of the fury over Joyce’s affair is not the sexual infidelity, but the fact that he dipped into the public purse to finance the charade. As the political scientist and commentator, Jennifer Oriel stated in her article, “Barnaby Joyce’s Greatest Sin is Being Conservative”, the combination of corruption and marital infidelity violates the most basic codes of common decency.
Barnaby Joyce’s behaviour is precisely the reason Australians are cynical about politicians.
The idea that people ought to be cynical about politicians is hardly news to anyone with any real knowledge of history, politics, or human nature.
The reason countries like Australia place so many checks and balances – separation of powers, the Constitution, an independent judiciary – on those in power is that power tends to have a corrupting effect on the human soul.
As Lord Acton famously put it: “Power tends to corrupt, and absolute power corrupts absolutely.”
The greatest measure against tyranny is the establishment of a political and legal system that places restrictions on power. We should be thankful that Barnaby Joyce’s biggest transgression was marital infidelity, and not much worse besides.