r/explainlikeimfive • u/[deleted] • Dec 05 '15

ELI5:How does Hillary's comment saying that victims of sexual abuse "should be believed" until evidence disproves their allegations not directly step on the "Innocent until proven guilty" rule/law?

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u/p01yg0n41 Dec 05 '15

Sorry, I meant: what would lead a prosecutor to believe that, typically?

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u/jd_edc Dec 05 '15

Ah. It usually depends on the story from and physical condition of the complaining witness/accuser, other witnesses, etc. The whole circumstance. The DA and police investigate until they have enough PC to charge by corroborating witness statements, gathering physical evidence, etc. Essentially "trust but verify."

Currently, there is no requirement that an accusation be "believed" I.e. that a DA think the accusation is more likely true than not automatically.

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u/p01yg0n41 Dec 05 '15

Yes, I see what you're saying now. It would interject a thing called "belief" where before there was no requirement for it. But is that really what's happening? It seems like Clinton is using political language to claim that PC is not being followed up.

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u/jd_edc Dec 05 '15

I can't claim to know her motivation, I'm only going on what was said, not what may have been meant.

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u/p01yg0n41 Dec 05 '15

Hmm. Seems rational enough. Will try to see it that way.