Wednesday, November 15, 2017

#MeToo Surviving Sexual Assault #5 "Guilty Until Proven Guilty"

Today I want to take a different and final approach to the topic of Sexual Assault.  I believe I am a fair person, so I often will look at things from differing views, this is one of them.

I remember well the young girl who accused him of assaulting her.  She cried and was really broken behind his actions.  Her mother did what was expected of her, she reported the crime, got counseling for her daughter and began to watch everyone around her children.  

The news of his horrible crime spread quickly.  People on his job were shocked, family members were ashamed, his neighbors talked about how 'he seemed to be so nice, but you never know who lives next to you'.  He lost his job, lost his family and had a record... until they found it was all a lie.

Once it was revealed that he was indeed NOT a sexual predator, everyone sighed in relief, some loosened the grip on their children and went back to their normal lives.  But not everyone had that opportunity...  His reputation was marred for life, his wife had already left, his children were embarrassed and talked about at school; (along with prodding by officials about their relationship with their father),  his job replaced him and people stared at him with uncertain recognition.  He  and his family would forever be changed, regardless to her story change.

INNOCENT UNTIL ...

I have sat on a jury or two and I know that our laws state that people are innocent until proven guilty.

In other words, the prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged. 


This is something we say we uphold, but do we?  When we are able to get news in real-time and everything LOOKS like we think it looks, in our minds... guilt is already determined.  One thing we have to be careful of is false accusations.  A child can be asked so many times by a parent IF someone has ever touched them, that they think they are answering wrong and they finally say yes.  

Proving Sexual Assault is not a small thing, it is important to get facts right, to report it, to assist victims, but also to ensure that a crime has actually been committed before ruining someone's reputation.  Today we see so much  going on... one day it's business as usual,  the next day you have lost endorsements, job opportunities and credibility in the minds of people who once loved you.  If we are not careful, we can go against one of the most sacred principles in the American Justice System-  You are innocent until proven guilty. 

Understand, I am not taking up for all those people who are rightfully accused, tried and convicted but I am just wondering where the "Proof Beyond a Reasonable Doubt" is.  This is one reason why we have to begin to report things as they happen, it's much harder to get people to recall something that happened 40 years ago especially when some of the witnesses are dead and gone. We do ourselves, the system and other potential victims a disservice when we wait, when we say nothing.  Say something now while the evidence is there.


ANOTHER THOUGHT

This is my final thought on this topic.  Being wrongfully accused is not new, especially to groups of people who have lived with this for years.   Without trying to go into it too far, we have to admit that many people have had to fight the thought of guilt just because of where they are from, their religion, their race and other things that make them  'LOOK guilty'.  The feeling that you can be shot at because you looked like you were doing something wrong, or you were outside after dark and looked like you were up to something, or in a neighborhood where you didn't 'belong'.   Then there are the false witnesses who swear it was you, or looked like you, or had your same body build or same race.  Some people have sworn that the person they saw was the person in custody, then they recant after the person has served time for a crime they did not commit. 

This false sense of being innocent until proven guilty is now being felt by a new group of people that has never had to deal with it this way before. Their status and power has caused people to put up with and joke about behavior that is nothing but criminal.  Fear of retribution has caused victims to suffer silently, until now.  It has become popular to call out accusers openly, and other possible victims are jumping on the bandwagon of strength in numbers. 
Innocence or guilt is not even being talked about.  Granted, many of them may well be guilty according to their own words, but whether they are or not, they are losing stuff quickly.  It is hitting them beyond just their reputation, it is hitting where it hurts them most...their pocket books, their portfolios and possibly their freedom.  

Think of all the people who jump on the bandwagon... so many faces next to the original accuser, much like witnesses who swear to guilt.  It may or may not be true, but today we are watching what entire groups of people have complained about for years.  Injustice in the Justice system.  A system that does not give you due process, where there is an assumption that you are guilty and whether you are or not, you have to live with the consequences of the accusations of others.

I know there are men and women cringing in their seats today if they know they have made any sexual advances that were not wanted.  To think you can look on the television any day and see someone you violated- accusing you. Know in this current environment, you may not have the opportunity to prove your innocence before people assume you are guilty.  

The Tables Have Turned.  

Victims of sexual assault have had to live with fear and flashbacks and now their accusers do too.  It sure pays to treat people right.



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