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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.
In March of 2015, a Coloradan woman, Michelle Wilkins, was lured to a meet-up arranged on Craigslist and brutally attacked. During the attack, Wilkins, who was seven months pregnant, had her unborn child cut from her body. Wilkins survived the attack but, sadly, her child did not. And, as if to add insult to injury, Wilkin’s unborn child was not recognised as human under Coloradan law.
Legal abortion – which I will define as the state approved murder of an innocent life – is a barbarity no civilised society should tolerate. As the Canadian clinical psychologist and YouTube sensation, Jordan Peterson (1962 – ) commented, “abortion is clearly wrong. You wouldn’t recommend someone you love have one.”
However, this is not to say that abortion isn’t a deeply complex and emotive issue. On the one hand, it is a procedure often used by desperate or easily persuaded women who feel that aborting their unborn child is the only option open to them (which it very rarely is). On the other hand, it is a form of murder cynically exploited by feminist extremists for political purposes.
Pro-choice proponents have several arguments in favour of total and free access to abortion.
The first argument, and the one that carries the greatest degree of credibility, concerns the health of the mother and her ability to safely carry a child to term. The Washington Post, for example, reported a story about an Indian girl who had been repeatedly raped and eventually impregnated by her uncle. An abortion was performed when it was decided she was too young to carry her child to term.
In all honesty, this is a sentiment which I have a great deal of sympathy for. It is very difficult for a woman to be a mother if she is dead, and it would be as wrong to sacrifice the life of the mother for the child as it would be to sacrifice the life of the child for the sake of the mother.
But the argument that abortion is necessary when the health of the mother is in jeopardy does not necessarily translate into the full, absolute, and unquestionable right to abortion. It is merely an argument for the preservation of the life of the mother.
The second argument concerns the health of vitality of the child itself. Often, however, this kind of argument is often used as a disguise for a desire to engage in eugenics. Claiming that a child with down syndrome should be aborted, for example, is the same as saying that people afflicted with certain maladies should not be afforded the same right to life as everybody else.
The third argument concerns instances where pregnancy has been instigated through an act of rape or incest. Whether or not rape should be sufficient grounds for an abortion is a tricky one to grapple with. On the one hand, the mother did not choose to be placed in the situation she has found herself in. And, by extension, birthing, and most probably raising, a child borne of rape may prove to be an insurmountable emotional turmoil for the mother. On the other hand, however, the child did not choose to be conceived through rape, and it is immoral to punish an innocent person for the crimes of another.
In reality, however, the rape justification for abortion is merely a red herring. It is a backdoor method for justifying the total, absolute, and unquestionable access to abortion.
The fourth argument concerns the idea that a woman has the right to abort her unborn child because she has the absolute right to bodily autonomy. In Texas last year, Judge Earl Leroy Yeakel III (1945 – ) overturned Senate Bill Eight which prevented doctors from performing evacuation and dilation abortions by mandating that a child’s heart must stop beating before the procedure can be performed. Yeakel claimed that the decision to abort a child outside the womb is “solely and exclusively the woman’s decision.”
This is the easiest argument to refute. An abortion does not only affect a woman’s body, it also destroys the life of a separate, innocent human being. Furthermore, the right to choose when to have a family is one shared by all people up to a point. A man has the right to wear a condom, he can have a vasectomy, and so forth. Likewise, a woman has every right to use contraceptive birth control, a diaphragm, a female condom, a cervical cap, an intrauterine device, and more. Couples can even refrain from having sex. But the right to family planning ends the moment a child has been conceived.
The fifth argument, and the one that is the most egregious, is the argument that an unborn child does not count as a human life. Much of this is the result of language. We use Latin words like “foetus” and “embryo” to fool ourselves into believing an unborn child is not a human being.
Therein lies the rub. People have always justified evil and immorality by altering the parameters of their morals to suit themselves. People have always justified murder by claiming that the person they are killing is not human. They may argue, for example, that murder is wrong, but that they are justified in aborting their unborn child because they do not see that child as human.
And the biological and physiological question of whether the unborn child is a human being is, without any shadow of a doubt, yes.
This is the case right down to the genetic level. Virtually every cell in our bodies contains thirty thousand or more different genes that are spread out on long strands of DNA known as chromosomes. Now DNA is very special. It is the chemical building block that makes us who we are. It determines whether or not we will go bald, what our eye and hair colour will be, how tall we will be, and much more besides.
If there is anything that DNA is good at it’s replicating itself. This can occur in two ways. At the most basic level, DNA replicates itself through cloning. At the most complex, one set of DNA merges with another set of DNA through sexual intercourse. And in doing so it creates an entirely unique individual.
But how can it do this safely? The answer lies in a process known as meiosis. When the human body makes sex gametes – sperm and ovum – it does so by making a copy of a previous cell. When it does this it keeps itself attached at one point and then condenses to make an ‘X’ shape. The four chromosomes then embrace and transfer some of their genetic material to each other. Finally, the cell split twice to create new sperm or ovum that carries a unique genetic package.
In other words, every sperm cell and every ovum carry a set of chromosomes that has never existed before and will never exist again.
Human beings have a grand total of forty-six chromosomes or twenty-three pairs. The moment a child has been conceived a full set of these chromosomes, known as a diploid, is established. It will receive twenty-three chromosomes from its father and twenty-three chromosomes from its mother.
The average pregnancy lasts between thirty-seven and forty-two weeks. During this time the child growing inside a woman’s body will go through all kinds of wonderful and miraculous changes. At three weeks, it’s brain, heart, gastrointestinal tract, and spinal cord have begun to form. By the fourth and fifth weeks, the heart is pumping rudimentary blood through the child’s veins with a steady rhythm. By the sixth week, the child’s fingers and toes have begun to form, and the child’s heartbeat can now be detected. By the end of the second month, all the child’s essential organs have begun to form.
And there’s still another seven months to go! By the fourteenth to sixteenth weeks, the child will begin to move around, its liver and pancreas will have begun to secrete fluid, and its fingerprints will begin to form. By the seventeenth to the twentieth week, the mother will be able to feel her child moving around inside her, it’s heartbeat will be detectable via a stethoscope, and its fingernails, toenails, eyebrows, and eyelashes will have started to grow.
By the twenty-fourth through to the twenty-sixth week, the child’s brain will be rapidly developing, the nervous system will be developed to a sufficient enough degree to give the child some control, albeit minutely, over its own movements, it will have developed a startle reflex, and its sleeping cycles will be perceptible to the mother. A child born at this stage can survive outside the womb with the assistance of modern medical technology. By the thirty-third to thirty-sixth week, the child will shift into the birthing position and will rapidly put on weight. Within weeks, a fully formed human being will be born.
Any discussion about abortion must begin with the scientific truth that an unborn child is a human life. Only after that truth has been acknowledged can factors like the health of the mother, the vitality of the child, cases of rape and incest, and bodily autonomy can be considered. The preservation of innocent life is the most important responsibility for every person living in a free society. The way we respond to this issue will define us for decades to come.