When Rights Collide: The Legal Paradox Between the Presumption of Innocence and Survivors' Bodily Autonomy in Cases of Sexual Assault in the Global West.

Charlotte Meyer

Published: 02/05/2025

DOI:

PDF Download

Abstract:

The presumption of innocence is a fundamental human right. Yet, its unlimited protection winds up undermining survivors’ fundamental rights and freedoms in cases of sexual violence. This paper explored how patriarchal tendencies and victim-blaming attitudes re-victimise survivors and retroactively revoke their freedom of movement and bodily autonomy. The importance of the presumption of innocence in ensuring human dignity can, however, not be understated. The analysis highlights systemic issues in prosecuting sexual assault cases, including the placement of the burden of proof on survivors, extremely low conviction rates, and public scrutiny. It also addresses the racial disparities in wrongful convictions, emphasising the need for anti-discriminatory reforms. To balance the rights of both the accused and the survivor, the paper proposes six pathways forward: (1) regularising sentences for sex offenders, (2) implementing stricter monitoring mechanisms, (3) deconstructing the binary plaintiff-defendant dynamic in legal proceedings, (4) expanding admissible evidence, (5) prioritising the prevention of sexual violence, and (6) distinguishing between true and false allegations of rape. Overall, the paper advocates for a more victim-sensitive approach in cases of sexual violence to ensure justice and dignity for all parties.

Key words:

Re-victimisation, feminist jurisprudence, gender justice, legal paradox, bodily autonomy.