Lets be clear on this, there is a big difference between innocent and not guilty. If a court declares that someone is not guilty there is no declaration that the accused is innocent and therefore no declaration that complainants and prosecution witnesses are lying. The declaration is that the accusation has not been proven beyond reasonable doubt. Yes, yes, yes: this ABSOLUTELY means that some guilty people are getting away with it. Thats the whole idea. That is what we mean by beyond reasonable doubt. As Blackstone put it, it is better that ten guilty men should go free than that one innocent should suffer. Blackstones formulation is one of the greatest glories of civilisation. We dont suspend it for murder, rape, or any other horrible crime. But do not let anyone tell you that if a court acquits a man of rape the court has found that his accuser was lying.
Posted on: Wed, 05 Nov 2014 08:50:34 +0000
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