The person accused has the right to be heard and defend themselves.
Of course. And I mention this at the end of my post.
i don't believe corax was saying that the person who makes an accusation must automatically believed. i think she is saying, correct me if i am wrong, that assuming there is a victim and an abuser-and assuming we know conclusively which one is which-the correct place to put the weight of validity is on the victim's side.
For the case used in OP’s post absolutely yes, because the cost for the victim to bring it up is really high. It’s not the same as accusing your neighbour not trimming their tree often enough so you have branches on your garden. Which can be a brand of harassment. Or splitting with your boyfriend and saying he’s an asshole to your friends.
I’d add, I think what I’m trying to say is that finding out the facts and deciding of a sentencing are two distinct things. Establishing what happened, acknowledging someone’s guilt, attenuating or aggravating circumstances and, deciding what society as a whole has to do about it and how to provide compensation to the victim when still applicable are all different processes. That cannot be simplified in that saying.
However I’d tend to say that generally society as a whole, excepted when faced with no-brainer cases, tends to side up with abusers
as long as facts aren’t established because the cost of seeing things as they are would be far too high in what they ask everyone to revise the way they do see things. Eg, seeing that father as a child sexual abuser is acknowledging that it happens, so that any father can in fact, possibly be an abuser, so it’s admitting that statistically, you might know more of these than what you would like to accept, and have to rethink a very great deal of what you believe.
But you can also see the reverse when a specific offense becomes widespread, because people build tolerance. And sexual abuse somehow falls in the in-between because as a social body, it is condemned, looked as being gross and horrific, yet at the same time everyone "knows" it happens all the time but it’s just
not the same. Society collectively has blatant cognitive
contradictions, not only distortions, that are astounding. Eg: men are violent, but/so you should forgive him. Or men are violent, but you’re exaggerating. Cases of paedophilia are very rare, however I don’t want my kids to be out alone. Rape happens all the time, but you wanted it. Coloured people are lazy, but I have a nice neighbour so the fact I can reckon that about my neighbour makes me not racist.
And when something structural isn’t at play, such as women’s abuse (in general, but even more dramatically against men), then it’s just
unbelievable. (And this is how you see how structural things that are denied actually are, the fact that the
reverse doesn’t work). Then you get in very tricky waters of what’s believable or not, who you should listen to, and so and on. So you just can’t afford not hearing all sides and make an actual
investigation.
But of course everyone, even the most atrocious war criminal, deserves a fair trial and to be heard. That trials have
hearings does say it. And still then justice can be shit in the sense of it’s not always effective to produce appropriate sentencing by failing to prove someone’s guilt or by having manifestly sentencing that takes the place of a lynching. So in fact, there are many many profoundly turbid areas in establishing procedural guidelines to have the fairer result, to the victim as well to the offender. I can’t conceive a justice that doesn’t take offender’s rights into account. Because if you don’t then yeah, it’s just going to move with the fastest, dominant view. That is, most of the time things aren’t listened to and then all of a sudden the opinion shifts and someone pays the high price for it. And as much as justice is supposedly designed to avoid this, it still does it.
So well, for me it’s a question of procedure more than
sides. It’s the quality of the procedure that makes a fair trial, and in the specific case of OP’s, saying that sentence does kill the hearing, so doesn’t create any justice, it bypasses the procedure as the effect has been to stop the conversation. Actually, offender’s side hasn’t even been heard as a structured accusation didn’t even have the time to arise. A contradictory hearing is about specifics, and it’s also what makes trials a high psychological cost for victims, to the point of, and this I learned recently, it’s actually something that can favour the development of PTSD. As much as I understand the legal system (family of lawyers here and work in a law firm), civil justice and criminal justice really are very different beasts. And as much as a dinner table isn’t a court, being invalidated as a victim in such a context probably will contribute for that person not seeking for the support or help to make her voice truly heard, which is unfair.