Latest update July 27th, 2024 12:59 AM
May 21, 2024 Features / Columnists, Peeping Tom
Kaieteur News – It is an undeniable fact that women are the main victims of sexual violence, including rape. And it is also a fact that men are the ones most accused perpetrators of sexual violence. However, the fact that a person is accused does not mean that the person is guilty.
The question of guilt or innocence must be determined by a court of law. It is not determined in a court of public opinion. Guilt or innocence is determined after a trial, not prior to. One of the principles which is used to ensure a fair system of justice is the presumption of innocence. This concept simply translates to mean that a person is presumed to be innocent until proven guilty.
But the presumption of innocence fundamentally is about the burden of proof. The burden rests on the prosecution to establish the guilt of the accused. The prosecution must establish the guilt of the accused beyond a reasonable doubt. This safeguard ensures that justice is not only done but is seen to be done, protecting individuals from wrongful conviction and societal retribution based on unproven allegations. The integrity of the legal process is therefore pivotal to justice. A political figure has been accused of raping a woman. It is an allegation. And the accused person must be granted, in all fairness, the presumption of innocence. Yet, we find certain groups in Guyana wanting to put a noose around accused persons necks even before the investigations have been completed into criminal complaints.
In a matter presently in the spotlight, a group of persons want an accused person to exit public life. But can such a claim be made without conflicting with the presumption of innocence?
The principles of justice and the presumption of innocence ensure that every individual, regardless of the accusations levied against them, is subject to a fair and unbiased investigation and trial. An impartial investigation is crucial in upholding the presumption of innocence. It involves a thorough, unbiased examination of all evidence and testimonies related to the accusation. Such investigations are essential in ensuring that the truth is uncovered and that justice is served, whether that results in the exoneration or conviction of the accused. The integrity of this process is pivotal; any deviation can lead to miscarriages of justice, undermining public confidence in the legal system.
Perhaps when it comes to cases involving persons in positions of influence and power, it should be necessary to have the investigation overseen by external and independent investigators. There is a precedent for this: during the investigation into allegations of rape against a former Commissioner of Police, investigators from Jamaica were brought in to review the process.
In 2020, following the deaths of two teenagers in West Coast Berbice, persons from the Regional Security System were brought in to review the investigation. However, local law enforcement must be allowed to do their work since they are quite capable of investigating fairly complaints, including those involving highly-placed political persons. The rise of social media and instant communication have amplified the influence of public opinion on legal processes. The court of public opinion often operates on incomplete information, emotional responses, and biases, which can lead to premature judgments and unjust demands.
A political figure accused of a serious crime such as rape, faces intense scrutiny and pressure from the public and media. In Guyana, for instance, certain groups have demanded that an accused individual step down from public life even before the investigation has concluded.
While such reactions may attract public attention and sympathy especially given the gravity of the accusation, they conflict with the principle of the presumption of innocence. This tension between the need for justice for the victim and the rights of the accused must be balanced with utmost care to ensure fairness for all parties involved. In some cases, it may be reasonable for an accused person to step aside from their public role temporarily during an investigation. This action can be seen as necessary to maintain the integrity of the investigation, avoid conflicts of interest, and uphold public trust. However, this decision should be guided by clear criteria and not by public pressure alone.
For instance, if the accused holds a position that directly influences the investigation or where their continued presence could hinder the process, stepping aside might be necessary. This is often seen in formal public offices where the individual has significant power or influence. In contrast, if the accused is an elected executive of a political party without formal governmental authority, the rationale for stepping aside is less clear.
When considering whether an accused individual should exit public life, several factors must be weighed. Firstly, the nature of the public role and the potential impact on the investigation should be assessed. Secondly, the rights of the accused to maintain their position until proven guilty must be respected. Demanding that someone resign from a position within a political party, especially when they do not hold a formal public office, can undermine the presumption of innocence. Political figures, by virtue of their visibility and influence, are often held to high ethical standards. However, these standards must not erode their legal rights. If an elected executive of a political party is accused, the party might consider internal measures to address the situation.
Justice demands that the rights and dignity of victims of sexual violence are upheld. This includes ensuring that their allegations are taken seriously, investigated thoroughly, and prosecuted vigorously when warranted. At the same time, justice also requires that accused individuals are treated fairly, with their rights protected throughout the legal process. Those who seek justice on behalf of others must themselves act justly. Advocacy for victims should not entail presuming the guilt of the accused or bypassing due process. A balanced approach that supports victims while upholding the presumption of innocence and ensuring impartial investigations is essential for true justice.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)
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