Specifically, the accused is not innocent until proven guilty but is presumed guilty, and he doesn't have to be convicted "beyond a reasonable doubt." Due process rights, such as trial by jury and the right of free counsel to poor defendants, are regularly denied, and false accusations are not covered by perjury law. The act provides funding for legal representation for accusers but not for defendants.
Those concerned about judicial activism, i.e., judges legislating from the bench, could observe judges doing this every day in domestic violence cases. Every time a judge issues a restraining order, the judge creates new crimes for which an individual can be arrested and jailed without trial for doing what no statute prohibits and what anyone else may lawfully do.
This criminalizing of ordinary private behavior and incarceration without due process follows classic police-state practices. Evidence is irrelevant, hearsay is admissible, defendants have no right to confront their accusers, and forced confessions are a common feature.
Some of these injustices result from overzealous law enforcement officials (sometimes running for office), and some from timid judges who grant restraining orders and deny due process to defendants for fear of being blamed for subsequent violence. Most of this, however, is the result of feminist activism and the taxpayer money given them by Congress.
The ease and speed with which women can get restraining orders without fear of punishment for lying indicates that the dynamic driving domestic-violence accusations is child custody rather than violence. Restraining orders don't prevent violence, but they do have the immediate effect of separating fathers from their children and imprisoning fathers for acts that are perfectly legal if done by anyone else (such as attending a public event at which his child is performing).
The restraining order issued against TV talk show host David Letterman, allegedly to protect a woman who claimed he was harassing her through his TV broadcasts, is a good example of how easy it is to get a court order based on false allegations. Another ridiculous restraining order was issued against celebutante Paris Hilton to protect a man she had bad-mouthed.
Violence Against Women Act money is used by anti-male feminists to train judges, prosecutors and police in the feminist myths that domestic violence is a contagious epidemic, and that men are naturally batterers and women are naturally victims. Feminists lobby state legislators to pass must-arrest and must-prosecute laws even when police don't observe any crime and can't produce a witness to testify about an alleged crime.
Assault and battery are crimes in every state and should be prosecuted. But people so accused should be entitled to their constitutional rights. After all, is this America?
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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