User blog:Koinotely/On the Presumption of Guilt in Sex Crimes and the Limits of Islamic Measures to Prevent Abuse

"When an individual is accused of committing a sex crime against a child, media frenzy builds up quickly around his or her case. As a result, a defendant’s constitutional rights to be presumed innocent until proven guilty get cast aside, though they exist in theory.

Even though the prosecution is required to prove that the defendant is guilty beyond a reasonable doubt, when an individual is accused of child sexual assault, there is a tremendous amount of antagonism against the accused. Most people assume that person is guilty, and the defendant is often placed in a position where he or she must prove that the alleged incident did not occur.

There is also an assumption on the part of most people that “children never lie.” As sex crime defense lawyers who have represented clients wrongfully accused of child sexual abuse for more than 35 years, we know first-hand that this is not the case."

https://www.wklaw.com/reasons-why-children-may-lie-about-sexual-abuse/

"It is difficult to imagine a more reprehensible perversion of human conduct that the sexual abuse of children, which finds its most debased form in incest. At a time in the fortunes of humanity when, in the words of the Guardian, "The perversion of human nature, the degradation of human conduct, the corruption and dissolution of human institutions, reveal themselves...in their worst and most revolting aspects, and when "the voice of human conscience is stilled", when "the sense of decency and shame is obscured," the Bahá'í institutions must be uncompromising and vigilant in their commitment to the protection of the children entrusted to their care, and must not allow either threats or appeals to expediency to divert them from their duty. A parent who is aware that the marriage partner is subjecting a child to such sexual abuse should not remain silent, but must take all necessary measures, with the assistance of the Spiritual Assembly or civil authorities if necessary, to bring about an immediate cessation of such grossly immoral behaviour, and to promote healing and therapy.

Bahá'u'lláh has placed great emphasis on the duties of parents toward their children, and He has urged children to have gratitude in their hearts for their parents, whose good pleasure they should strive to win as a means of pleasing God Himself. However, He has indicated that under certain circumstances, the parents could be deprived of their right to parenthood as a consequence of their actions. The Universal House of Justice has the right to legislate on this matter. It has decided for the present that all cases should be referred to it in which the conduct or character of a parent appears to render him unworthy of having such parental rights as that of giving consent to a marriage. Such questions could arise, for example, when a parent has committed incest, or when the child was conceived as the consequence of rape, and also when a parent consciously fails to protect the child from flagrant sexual abuse.

As humanity passes through the age of transition in its evolution to a world civilization, which will be illumined by spiritual values and will be distinguished by its justice and its unity, the role of the Bahá'í community is clear: it must accomplish a spiritual transformation of its members, and must offer to the world a model of the society destined to come into being through the power of the Revelation of Bahá'u'lláh. Membership in the Bahá'í community is open to all who accept Bahá'u'lláh as the Manifestation of God, and who thereupon embark on the process of changing their conduct and refining their character. It is inevitable that this community will, at times, be subject to delinquent behaviour of members whose actions do not conform to the standards of the Teachings. At such times, the institutions of the Faith will not hesitate to apply Bahá'í law with justice and fairness in full confidence that this Divine Law is the means for the true happiness of all concerned. However, it should be recognized that the ultimate solution to the problems of humanity lies not in penalties and punishments, but rather in spiritual education and illumination. 'Abdu'l-Bahá has written:"It is incumbent upon human society to expend all its forces on the education of the people, and to copiously water men's hearts with the sacred steams that pour down from the realm of the All-Merciful, and to teach them the manners of heaven and spiritual ways of life, until every member of the community of man will be schooled, refined and exalted to such a degree of perfection that the very committing of a shameful act will seem in itself the direst infliction and most agonizing of punishments, and man will fly in terror and seek refuge in his God from the very idea of crime, as something far harsher and more grievous than the punishment assigned to it.'"https://bahai-faith.manvell.org.uk/fragrant/abuse.html