Anna and I on Sufficient Evidence

In our recent exchange, I posed a couple of questions to Anna, in reply to one of her own.

Anna, do you think that a simple accusation, absent any physical evidence or corroborating witnesses, made months or years after the fact, should be enough to send a man to prison? Should we simply discard the presumption of innocence and require the accused to prove that he is innocent? 

To the first she replies:

If the person is guilty of the crime, yes.  Easy!

But that "easy" reply begs one question, and ignores the most basic requirements of constitutional justice.  The Constitution does not demand that a person be guilty before we deprive him or her of life, liberty, or property.  It demands that due process of law be followed.  No matter how guilty O.J. Simpson may have been (and I think he was very guilty), he was found innocent by a jury and that is that. 

And how do we know he (the accused in a rape trial) is guilty?  Perhaps an accusation alone, in the absence of any other evidence, should be enough.  I think Anna would reject that standard were she or someone she cares about accused of murder or theft.  But if that is the standard, then the defense in such a trial has no other recourse but to challenge the reliability of the sole witness.  And I think I know how Anna regards that kind of challenge.  Her persistent use of such phrases as "lying women" and "attention-seeking sluts who file rape charges" indicate a legitimate concern for the position of a woman who is pressing a rape charge.  But followed to their logical conclusion, they mean that a man accused of rape can't present any defense at all.  If no evidence other than the mere accusation is damning, and he can't challenge the accuser without "blaming the victim," what is left? 

Anna is right that I have posted a lot on this topic. The Duke Lacrosse fiasco has brought the subject to the forefront of media attention.  Soon the subject will fade, and so it is a good time to have this out.  Despite our differences, I am grateful to Anna for engaging in this discussion with me.