Your Opinion: Laws must protect victims of false accusations

Harold H. Horstmann

Lohman

Dear Editor:

I’m writing to comment on the ‘Our Opinion’ piece “Legislature should simplify assistance for domestic violence victims” published 10/7/2018.

I do not disagree at all with the substance of the article however, I feel strongly that as a part of any further public funding for assistance for domestic violence victims the changes should also include protection from accusers with only malicious intent.

The attempt to destroy Brett Kavanaugh and his family was a disgrace as to the actions of the ruthless Senate Democrats, the attorneys for the accuser and the leftist media! Although Justice Kavanaugh was a subject of the advise and consent process and not in a criminal trial he was treated worse than any indicted criminal would have been treated in a court of law!

“In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN’s Universal Declaration of Human Rights, Article 11. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact. The trier of fact (a judge or a jury) is thus restrained and ordered by law to consider only actual evidence and testimony presented in court. The prosecution must, in most cases prove that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused must be acquitted.” (en.wikipedia.org/wiki/Presumption_of_innocence). Kavanaugh was deprived of this most sacred right!

I feel that a law be established to require under penalty of law that any abuse claim be confidential for one year during which time the accuser can determine with finality whether to file criminal charges. After that one-year period if the accuser has not chosen to file criminal charges then the file should be destroyed. If during the one year period, the accuser decides to file criminal charges then a routine criminal investigation should be done and an indictment follow if warranted. If no indictment is warranted then a seven-year statute of limitations should apply.

Something must be done to protect all those and their families from accusations based on decades old events which allows unscrupulous politicians, attorneys and so-called journalists to destroy whomever they wish to advance their shameless goals.