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Erikaspirit16
Guest
Well, allow me to interpret what I meant! One (one = not the only) problem is that US journalists, US bishops, US forum posters, etc. seem to be assuming that the US meaning of “due process” extends to the entire world. It does not.From the context of how Erikaspirit used the term, it’s clear she meant the normal US meaning
I went out of my way in an earlier post to explain that different countries have totally different legal systems. Each would say that it is following “due process” in the sense it is following the legal process in its own country.
In terms of the sexual abuse crisis in the church (or in the military, universities, corporations, etc.) one major problem has been excessive concern for the rights of the accused (“due process” if you like). The default assumption has been (in my opinion) that the accuser is doing it to make money, to take revenge on someone, has a personal vendetta, or did it just out of spite (if you doubt this, see the comments about Vigano in this thread). As far as I know, about 4% of accusations are false. That means 96% are true. The default position SHOULD be that the accuser is telling the truth. And this is the whole point of the “Time’s Up” and “Me Too” movement. Accusers should be believed, not silenced. This doesn’t mean you trample on the rights of the accused, but it also doesn’t mean the rights of the accused should take precedence over the rights of the victims.
And the other major problem (as I said before…) is the problem of “proof.” Again, a lot of people seem to be taking the formal legal meaning (or even the mathematical meaning!) and demanding it in these situations. That’s absurd. Some of these things happened 20+ years ago, there were rarely witnesses, and if there were some of them are dead. But, once again, the Church does NOT need to “prove” guilt in the legal sense. The question to ask is “Is it plausible? Is it more likely than not?”
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