Uphold presumption of innocence

The foundation principle of the #MeToo movement – that every woman who makes a complaint of sexual assault must be believed – germinated from the soil of an abhorrent societal failure. High-profile instances of sexual predators destroying women’s lives with impunity sparked a powerful movement. For too long, women had experienced sexual harassment or worse, with little hope of being able to bring their perpetrators to justice. #MeToo has pierced a culture of silence in workplaces and educational institutions, and prompted state legislative changes concerning consent. These are unquestionably positive outcomes for women and society as a whole.

However, we must vigilantly protect the foundational principles of our judicial system, including the presumption of innocence and the right to a fair trial. This includes a willingness to countenance the possibility instances of false complaints of sexual assault, no matter how rare, do occur.

The Weekend Australian’s Stephen Rice on Saturday examines the confronting case of a university student acquitted of rape after his lawyer convinced a jury that what appeared to be a detailed and contemporaneous account of a brutal attack was actually a calculated and inexplicable lie. The story is a detailed and chilling account of how a young man went away to college and lost three years of his life fighting rape charges that were built on a web of deceit. Lawyer Tom Molomby says the case is a reminder that “there are ruthless, awful people who will make false complaints, just as there are ruthless, awful people who commit other crimes”. It also serves as a reminder that while the zeitgeist may heave against the presumption of innocence, a civilised society must not.