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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.
Whatever Happened to Personal Responsibility
There is an old adage which states that you do not know how big a tree is until you try and cut it down. Today, as cultural forces slowly destroy it, we are beginning to understand that the same thing can be said about personal responsibility.
Society no longer believes that people ought to bear their suffering with dignity and grace. Rather, it now believes that the problems of the individual ought to be made the problems of the community. Individual problems are no longer the consequence of individual decisions, but come as the result of race, gender, class, and so forth.
The result of this move towards collective responsibility has been the invention of victim culture. According to this culture, non-whites are the victims of racism and white privilege, women are the victims of the patriarchy, homosexuals are the victims of a heteronormative society.
The 20th century is a perfect example of what happens when responsibility is taken from the hands of the individual and placed in the hands of the mob. The twin evils of communism and Nazism – which blamed the problems of the individual on economic and racial factors, respectively – led to the deaths of tens of millions of people.
Furthermore, such ideologies led otherwise decent individuals to commit acts of unspeakable violence. Whilst observing the trial of Adolf Eichmann, a former SS soldier who had been one of the architects of the Holocaust, the writer, Hannah Arendt was struck by the “banality of evil” that had characterised German war atrocities. Arendt noted that the men who conspired to commit genocide were not raving lunatics foaming at the mouth, but rather dull individuals inspired to commit evil due to a sense of duty to a toxic and corrupt ideology.
The Bolsheviks taught the Russian people that their misfortune had been caused by the wealthy. And that the wealth was gained through theft and exploitation. Likewise, the Nazis convinced the German people that their problems could be blamed on the Jews. It is not difficult to see how this philosophy led, step by step, to the gulags and the concentration camps.
The same thing is happening today. The only difference is that those who play it have become more sophisticated. Today people are encouraged to identify with identity groups ranked by so-called social privilege. Then they are taught to despise those with more social privilege than them.
Under this philosophy, crime is not caused by the actions of the individual, but by social forces like poverty, racism, and upbringing. Advocates claim that women should not be forced to take responsibility for their sexual behaviour by allowing them to essentially murder their unborn children. Sexually transmitted diseases like HIV is caused by homophobia rather than immoral and socially irresponsible behaviour. And alcoholism and drug addiction are treated as a disease rather than a behaviour the addict is supposed to take responsibility for. The list is endless.
Personal responsibility helps us take control of our lives. It means that the individual can take a certain amount of control over his own life even when the obstacles he is facing seem insurmountable.
No one, least of all me, is going to argue that individuals don’t face hardships that are not their fault. What I am going to argue, however, is that other people will respect you more if you take responsibility for your problems, especially if those problems are not your fault. Charity for aids sufferers, the impoverished, or reformed criminals is all perfectly acceptable. But we only make their plight worse by taking their personal responsibility from them.
Responsibility justifies a person’s life and helps them find meaning in their suffering. Central to the Christian faith is the idea that individuals are duty bound to bear their suffering with dignity and grace and to struggle towards being a good person. To force a man to take responsibility for himself is to treat him as one of God’s creations.
You cannot be free if other people have to take responsibility for your decisions. When you take responsibility from the hands of the individual you tarnish his soul and steal his freedom.
Freedom from responsibility is slavery, not freedom. Freedom is the ability to make decisions according to the dictates of own’s own conscience and live with the consequences of that decision. Freedom means having the choice to engage in the kind immoral behaviour that leads to an unwanted pregnancy or AIDS. What it does not do is absolve you from responsibility for those actions. Slavery disguised as kindness and compassion is still slavery.
WHY TRUMP WON
Not even Cassandra, cursed to prophesise but never be believed, could have predicted the tumultuous change that occurred in 2016. In June, just over half of the British public (51.89%) voted to leave the European Union. Then, in November, Donald Trump defeated Hillary Clinton to become the President of the United States.
And not only did Trump defeat Clinton, winning thirty of America’s fifty states (though Clinton did win the popular vote), the Republican Party utterly decimated the Democrats. Trump won thirty of America’s fifty states (Clinton, admittedly, did win the popular vote). The Republicans have taken control of the House of Representatives, have a majority in the Senate, hold thirty-three state governorships, and control thirty-two state legislatures.
Brexit’s victory and Trump’s triumph comes off the back of a deeper cultural movement. It is a movement that rejects the doctrines of political correctness, identity politics, diversity, and equality in favour of greater intellectual rigour and personal freedom. Trump’s gift to this movement has been to expand the Overton Window. As an indirect consequence of his uncouthness, the boundaries of public discourse have been expanded exponentially.
Throughout his campaign, the media treated Trump as a joke. He hasn’t got a hope in Hades, they claimed. In the end, however, they were proven wrong. Trump won through a mixture of hard-line policies on immigration and a rejection of political correctness and far-left politics. And he won through his astounding ability to market himself to the American people.
The first thing to note is that Trump thrives on scandal. Much of this ability emanates from his already tarnished reputation as a rude, uncouth, bully and womaniser. Trump has never denied these facets of his personality (in some cases he has even emphasised them). What this means is that those who voted for Trump did so despite the significant faults in his character. Consequentially, accusations involving sex or money (the two things people truly care about) has little effect on him.
Then there is his skill as an emotional manipulator. Trump appeals directly to the emotional sensibilities of the people by using fear-mongering rhetoric to circumvent the mind’s critical faculties. Rather than emphasising the importance of maintaining the integrity of immigration law, Trump chooses to emphasise the crimes – rapes, murders, drug offences – committed by some illegal immigrants. After this, Trump promotes anger by setting up an out-group as the enemy. As a result, Trump implies not only that he is the best man to solve these issues, but that anyone who opposes him is somehow anti-American.
Finally, there is Trump’s use of simplicity and repetition as persuasive tools. Nuanced and boring statements can be taken out of context. By contrast, simple and heavily repetitive statements are harder to take out of context. But, more importantly, such statements are also more likely to be believed.
Much of Trump’s use of simplicity has its basis in his relationship with language. Trump speaks at a fourth-grade level and averages one syllable per word. While it would be easy to dismiss this as unsophisticated or low brow, it is important to remember that small words have a stronger and more immediate emotional impact, are more accessible to a wider audience, and are considered more believable. Cognitive fluency bias means that that the easier it is to understand something, the more likely it is to be believed. As a consequence, Trump’s use of small, simple words means he is more likely to be understood and, therefore, is more likely to be believed.
Perhaps the most important aspect of Trump’s magnetism is his ability to bypass the traditional mediums of communication and appeal directly to the American people. Unlike Hillary Clinton, who relied upon celebrity support and the mainstream media, Trump and his supporters used social media to appeal directly to voters. The lesson is clear: voters like for politicians to speak to them as equals, not preach to them from on high.
The Qualities That Build Society
Everyone versed in culture and politics understands the truth in Percy Bysshe Shelley’s (1792 – 1822) argument that creators of culture are the “unacknowledged legislators of the world.” Our view of the world is derived from our religious beliefs, the stories we read as children, the movies we watched, the cultural customs we become accustomed to, and so forth. It is not that culture constructs the physical edifices of civilisation per say, but that culture forms the values and philosophies upon which civilisation is founded.
In the west, the prevailing cultural narrative champions wholesome virtues: kindness, compassion, love, fair-play, and so forth, as being the only way to achieve prosperity and success. The individual must avoid combat with others, and be polite, civil, pleasant, and diplomatic to all. To be seen using aggression or wanting power leads to social isolation. This has certainly been the message in culture. In Shakespeare’s Richard III, the title character is a corrupt, twisted, and Machiavellian prince who schemes his way into power. By contrast, the future Henry VII is seen to be fair and humane. By the end of the play, Richard dies hated even by members of his own family, whereas Henry is celebrated as a noble hero.
This worldview bears little resemblance to reality:
“The manner in which we live, and that in which we ought to live, are things so wide asunder, that he who quits the one to betake himself with the other is more likely to destroy than to save himself; since anyone who would act up to a perfect standard of goodness in everything, must be ruined among so many who are not good. It is essential for a prince who wishes to maintain his position, to have learned how to be other than good, and to use or not to use his goodness as necessity requires.” (Niccolo Machiavelli, The Prince, 1532, Chapter 15, page 114)
Bubbling just below the surface are the real, amoral virtues which foster prosperity and success. In Beyond Good and Evil (1886), Friedrich Nietzsche (1844 – 1900) puts forth the following proposition:
“Suppose nothing is given as ‘real’ except our world of desires and passions, and we could not get down, or up, to any other ‘reality’ besides the reality of our drives.” (Beyond Good and Evil, page 59).
Maybe we aren’t as driven by morality and Godliness as we like to think we are. Maybe we are driven by lust for power, material wealth, and sex. (This, of course, brings forth the possibility that the purpose of wholesomeness is to temper our real desires).
Even though we loathe having to admit it, all of us want power. Power gives us greater control and makes us feel more secure. But since it is socially unacceptable to be seen wanting power we are forced to rely on subtlety. We are forced to become honest on the one hand, and duplicitous on the other, congenial yet cunning, democratic yet devious.
In chapter twenty-one of the Prince, Machiavelli (1469 – 1527) wrote: “Nothing makes a prince so well thought of as to undertake great enterprises and give striking proofs of his capacity.” Our civilisation was built through ambitious and power-hungry individuals. Not by the wholesome virtues presented to us.