How man times have you heard the mantra, “innocent until proven guilty”. This is a constitutional right. The prosecution has to prove you guilty beyond a reasonable doubt and until then you are presumed innocent.
In reality, this is not the practice against Men.
If you are a Man charged of a crime, perception is that you are “guilty until proven innocent”.
National and state statistics show that women are charged with fewer crimes. Charges are rarely brought or there are defenses such as “spousal abuse syndrome” or “mutual combat” which allows women defenses to their own violence. But if you are a Man accused of a crime such as domestic violence or sexual assault, you can be sure you will be presumed guilty by law enforcement and the judicial system. Cops and detectives will look for evidence to support their case against you and ignore exonerating evidence. If you have committed an alleged crime against a Woman, the odds are now really stacked against you. Legally, this is how it is played out:
- Arrested based on minimal evidence. Only probable cause is needed. This means any evidence from the discretion of the arresting officer.
- Prosecution based on probable cause. All the district attorney has to show is some reasonable evidence to bring charges against you. Often they will charge you with felonies and other high crimes to get you to plead guilty.
- No opportunity to speak until trial. Once you are charged, you are almost always advised to remain silent. Meanwhile, countless hostile witnesses and evidence will be brought against you to sustain new charges.
- Preliminary Hearings. This is one of your first chances to test the evidence of the prosecution and dismiss charges. But again, all they have to show is probable cause to sustain the charges. This simply means one complaining witness or some other evidence they believe supports their case.
- Trials. Although the judge will instruct that jury that you are “innocent until proven guilty”, in reality the jury will be silently judging you thinking, “you must be guilty, why else would you be here?”. Now it is up to you and your lawyer to prove you are innocent.
If you are a Man charged of a crime, defending your constitutional rights is of utmost importance in a system where you are presumed guilty until proven innocent.