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

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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.

THE INVASION OF EUROPE

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In January of 2017, Emillem Khodagholli, a refugee on probation for a raft of offences that included death threats and assault, Maisam Afshar, another refugee well-known to Swedish authorities, and a third unidentified man made their way to Upsala where they broke into a young woman’s apartment. Streaming their despicable crime on Facebook, the three men tore off the young woman’s clothing and raped her for three hours at gunpoint. Afterwards, Khodagholli taunted his barely conscious victim as she tried to call for help. “You got raped”, he gloated. “There, we have the answers. You’ve been raped.”

Modern Europe’s migration crisis represents the most significant existential problem the continent has ever faced. The migration of millions of non-Europeans represents the largest mass movement of people into Europe since the Second World War. According to the International Organization for Migration, around a million migrants migrated to Europe in 2015. These migrants primarily came from Syria (268,795), Afghanistan (127,830), Iraq (97,125), Eritrea (19,100), Pakistan (15,525), and Nigeria (12,910).

For the most part, journalists, politicians, advocacy groups, and private organisations have attempted to paint Europe’s migration crises as a human right’s problem mired in social justice and global inequality. They would have Europeans believe that the people migrating into their countries are doctors, engineers, and other learned professionals fleeing from persecution.

In reality, these migrants come from a host of Sub-Saharan African countries and are travelling to Europe for a myriad of different reasons, of which fleeing persecuting is only one. As the Netherland’s European Union commissioner, Frans Timmermans (1961 – ) pointed out: over half (sixty percent) of the people moving into Europe are not refugees, but economic migrants.

While the European Union remains committed to a pro-migration and open-borders policy, there remains the odd voice of dissent among their ranks. The President of Latvia, Valdis Zatlers (1955 – ) commented that while Europe was powerless (in his opinion) to stop migration, they could hope to manage the flow of people into their continent:

“We can’t stop this process, but we have not learnt how to manage it, and Europe was about ten years’ late to make decisions on illegal immigration and to help the countries where the migrants come from. In each country and in Europe as a whole, we have to think about how to manage the process and how to really decrease the expectations of people.”

Similarly, the Slovakian Prime Minister, Robert Fico (1962 – ) implored the European Union to put an end to the inflow of migrants. Fico described the Union’s distribution policy as an utter “fiasco” and warned they were committing ‘ritual suicide’ through their immigration policy.

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The most notorious effect of ethnic crime in Europe has been the increase in sex crimes committed since millions of North African and Middle Eastern migrants poured into Europe. This begins with the sexual slavery of their own women. According to the PBS, as of September 2016 around eighty-percent of Nigerian women who made it to Italy have been forced into prostitution.

On January 9th, 2016, a forty-eight-year-old woman was raped by three Muslim men. On January 10th, 2016, a twenty-one-year-old West African man was arrested for raping a fifteen-year-old girl at a train station in Wuppertal. On January 15th, 2016, a public swimming pool in Borheim was forced to ban all male migrants following reports that they had been sexually assaulting the female patrons. On January 25th, 2016, a thirty-year-old Afghan man exposed himself to a nineteen-year-old woman on a public bus.

In Kiel, Germany, in 2016, three teenage girls, aged fifteen, sixteen, and seventeen, were stalked by two Afghani asylum seekers, aged nineteen and twenty-six, who filmed them on their mobile phones. A restaurant owner at the mall commented: “The moment they [male migrants] see a young woman wearing a skirt or any type of loose clothing, they believe they have a free pass.”

During New Year’s 2015/2016, thousands of women in Stuttgart, Cologne, and Hamburg were sexually assaulted. Remarkably, these crimes were ignored by the German authorities until eyewitness reports surfacing on social media forced them to take the problem seriously.

In Vienna, an Iraqi refugee who raped a ten-year-old boy at a public swimming pool had his conviction overturned by Austria’s Supreme Court despite watershed evidence proving his guilt. The court deemed that the refugee, who had excused his despicable crime by claiming it was a “sexual emergency”, could not have known that the act was non-consensual. Thankfully, the refugee was sentenced to seven years imprisonment at his retrial.

In England, the Pakistani comprised Rotherham child sex ring abducted, tortured, raped, and forced into prostitution at least fourteen-hundred young girls over a period of sixteen years. According to Jihad Watch, those posed to do something about the ring expressed “nervousness about identifying the ethnic origin of perpetrators for fearing of being thought of as racism.” Others were instructed by their managers not to disclose the ethnic origin of the perpetrators.

The Swedes boast one of the largest incidences of rape in the world. According to a 2015 article published by the Gatestone Institute, in the forty years since Sweden decided to become a multi-cultural society violent crime has increased by three-hundred percent and rape has increased by fourteen-hundred-and-seventy-two percent. In 1975, only four-hundred-and-twenty-one rapes were reported to Swedish police. In 2014, it was six-thousand-six-hundred-and-twenty. This increase in the number of reported rapes can partially be explained by the increase in the number of sexual activities that can be classified as rape, and partially by an increase in the number of women who may otherwise have been uncomfortable in reporting their rapes.

According to the Swedish National Council for Crime Prevention, twenty-thousand-three-hundred sexual assaults were reported. This included six-thousand-seven-hundred-and-twenty rapes. Statistics provided by the Swedish National Council for Crime Prevention reveals that rape victims are most likely to be young women aged between sixteen and twenty-four. In fifty-percent of cases, rape is likely to occur in a public place, as opposed to a residence (19%), the workplace or school (18%), or elsewhere (12%).

The migrant sex crime is essentially caused by three problems. First, cultural differences in attitudes towards women between migrants and native Europeans, the educational and economic gap experienced by migrants, and a refusal to acknowledge the root causes of the problem.

The majority of migrants pouring into Europe come from a culture and civilisation that treat women as second-class citizens. There appears to be a belief among young Muslim men that an uncovered woman is an adulterer or a prostitute, and that she is, therefore, ‘fair game.’ It is an attitude that professes that all uncovered and non-Muslim women can be used for a Muslim man’s sexual gratification. Doctor Abd Al-Aziz Fawzan, a teacher of Islamic law in Saudi Arabia, opined: “if a woman gets raped walking in public alone, then she, herself, is at fault. She is only seducing men by her presence. She should have stayed home like a Muslim woman.”

The problem is further exacerbated by the educational and economic gap experienced by migrants. As a result of their low skills and education, coupled with their inability to speak to speak the local language, many migrants are rendered virtually unemployable. Many of the migrants arriving in Europe will move further northward and find employment within illegal gangs that are often comprised of members of their own ethnic group.

Finally, the migrant sex crime is also borne out of an insipid refusal to acknowledge the root cause of the problem. “Every police officer knows he has to meet a particular political standard”, Rainer Wendt (1956 – ), the head of the German Police Union, stated. “It is better to keep quiet [about migrant crime] because you cannot go wrong.”

Europe is acting as the metaphorical canary in the coal mine. Europe’s decision to pursue relaxed immigration laws and open border policies has led to the mass influx of non-European migrants into their country. An unfortunate by-product of these decisions has been an increase in the number of sex crimes committed by migrants against native Europeans and a total refusal from the authorities to acknowledge the root cause of the problem. Europe acts as a stark reminder of what happens to a continent and country that refuses to police its borders correctly.