Assaults, Allegations and Justice For All

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It was an open and shut case. A young woman reported that she had been drug into a stairwell at school and raped. The young man, seventeen, enters a guilty plea and is sentenced as an adult. He will serve five years behind bars, then five years of strict probation, and will need to register as a sex offender for the remainder of his life.

Justice served, right?

That’s the story of Brian Banks, a high school football star, accused of rape by his classmate, Wanetta Gibson, and threatened with forty years to life on the basis of her allegation. His legal counsel, despite Brian maintaining that he was innocent, feared a conviction and advised he go the route of a plea bargain—so that’s what the young man did.

He served his time. He had asked the California Innocence Project to take up his case, but they declined because there was a lack of evidence to prove his innocence. It seemed Brian would spend his entire life, denied opportunities, treated like a sexual predator, and unable to clear his name—all on the basis of her words. I mean who, besides his close friends and family, would believe him, that he had been falsely accused? Doesn’t every rapist claim to be innocent?

But then something extraordinary happened. His accuser, Wanetta, recanted her story (privately) and confessed that she had fabricated everything. Finally, Brian’s name was cleared. His accuser, who had won a 1.5 million dollar settlement against the school, was sued to recoup the money paided to her and has since failed to show for her court dates. Brian had a brief NFL career after this and is now an activist for those wrongly convinced.

The “only” who are falsely accused…

“The ruthless will vanish, the mockers will disappear, and all who have an eye for evil will be cut down— those who with a word make someone out to be guilty, who ensnare the defender in court and with false testimony deprive the innocent of justice.” (Isaiah 29:20‭-‬21 NIV)

There is an oft-repeated claim about the frequency of false accusations being “only” 2-10%. It is a number often used by those trying to downplay the possibility that a man is innocent.

But what is the basis for this number?

The number itself is an estimate. It is based on various studies, studies like one published in the Journal of Forensic Psychology from 2017, that compare numbers of claims deemed false or baseless after an investigation. They found that between the years 2006–2010, out of 87,000–90,000 accusations of rape a year, that around 4,400–5,100 of the reports were deemed false or baseless—that works out to roughly 5.55% of allegations being determined to be false.

However, what a study like that does not take into account is that some accusations of rape are entirely baseless despite an investigation that leads to a conviction. Brian’s case is a prime example, he was found guilty despite his innocence and only exonerated because the woman who accused him later recanted her tale. There could be many more men, convicted on the basis of a false accusation, who are never exonerated because their accuser never recants.

Brian’s story is extraordinary in that his accuser was caught in her lie. However, that’s not always the case. (Not to mention, he had already served five years.) There is really no way of knowing how many, convicted on the word of an accuser, may actually be innocent despite their entering a guilty plea and being convicted. So we really do not know how many accusations are false accusations based on convictions

But, more glaring than the possibility that the number of false accusations could be far higher, is the very reality that thousands of accusations per year are false.

That is, put another way, 4,400–5,100 lives (and potentially more) with their lives turned completely upside down by a false accusation. This could be your own father, brother, nephew or son. Thousands are accused, even imprisoned, and are actually completely innocent—that is an “only” that should slow us from rushing to judgment in the case of an allegation.

That said, not near all rapes and sexual assaults are reported.

“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.” (Proverbs 31:8‭-‬9 NIV)

It is important, at this point, to note that there are many who are victims of crimes that were never reported. I personally know multiple cases of men and women who were sexually molested and/or raped and never reported the assault to authorities. They were abused by family members, grabbed in the groin by a coworker, raped by their boyfriend and there was no police report of the incidents. That too is a sad reality, a traumatic experience that many live with, that should not be ignored.

According to the Department of Justice, in a 2014 report, an estimated 34.8% incidents of sexual assaults are reported to authorities. That is to say that only 3 or 4 out of ten sexual assaults are ever properly investigated and adjudicated.

Now, that this is NOT to say that there is an equal number of rapists to those unreported incidents.

According to a report about repeat rape among “undetected” offenders, repeat rapists “average 5.8 rapes each” and thus the number of undetected rapists is only a fraction of the number of victims. In other words, only a small number of men account for the majority of the incidents and this is precisely why people should report criminal incidents—reporting in a timely manner will protect other people from repeat offenders.

It should come as no surprise, then, that someone who was raped would not report it at the time it happened. Likewise, it should not be a surprise that many rapists continue their life free of consequence for their actions. This is an unfortunate reality of the world we live in, it is the reason why we should always take allegations seriously even if they come out years and years after the assault is said to have happened. There are many unreported assaults, people come forward at different times for different reasons, and this is something to always be aware of in our analysis of reports.

We can (and should) take a clear stand against all forms of abuse.

There is a false choice out there. There are some who deny allegations on the basis of false reports. There are others who dismiss claims of innocence and downplay false allegations as insignificant on the basis of under-reporting statistics.

But we should not choose one or the other. It does the real victims of sexual assault no good to presume the guilt of a man simply on the basis of accusations. It also is wrong to side against an accuser because there are false accusations or they haven’t reported the event immediately after it happened.

We should never disregard an allegation off hand. We should never decide someone’s guilt or innocence by a mere claim or statistics. We can both take sexual abuse allegations seriously and also be reasonably skeptical of the accusations. When pressured to take the side of an accuser or the accused we should take neither side and take the side of justice instead. Every case is different. Every court is different. We must be wise.

Know your own bias and adjust your judgment accordingly!

Still, we all tend to see things from a biased perspective. In the case of Brian Banks, the prosecutor and other authorities believed he was guilty on the basis of the testimony of the young woman. These were well-educated people, people aware of bias, and yet they failed him. In many other cases, there is undo skepticism of those coming forward with allegations and denial of justice to victims of abuse. Both of these things must be guarded against. A person making an allegation should be heard and their story believed. An accused person should be presumed innocent until proven guilty and not be denied due process.

Ultimately, if an allegation falls within the statute of limitations, it is the responsibility of the police to investigate and the job of the courts to decide based on the evidence that they have. I prefer that we side with the evidence, that a charge must be proven beyond a reasonable doubt, and that defendants not be tried in the court of public opinion, perp-walked or treated as if guilty unless there is evidence that proves beyond a reasonable doubt:

“It is better that ten guilty persons escape than that one innocent suffer” (Sir William Blackstone)

Two wrongs never make a right. As much as we want justice for the victims of sexual abuse we should not neglect justice for those accused. It does the true victims no good to create another victim by locking up those falsely accused and truly innocent. We should not punish anyone for a crime that they did not commit and especially not as a result of our prejudice against their race, gender, religion or other a defining characteristic.

We need to be a voice for justice.

False accusations, from the Salem Witch Trials to Emmett Till and everything before or after, come because there is power in making them. An accusation can bring a confirmation hearing to a grinding halt, it can cause questions about a political rival’s character that didn’t exist before and mere words can destroy lives—therefore we must always stand for the rights of the accused.

That said, we must never deny the oppressed, we should have compassion for those abused and especially for abused who have remained silent for fear of not being believed or other reasons—therefore we must always be a voice for the abused.

May God give us wisdom!

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Biblical Faith vs. Bible-based Religion

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Two different religious traditions use the same Scripture.  One tradition says the text points to a man named Jesus who preached in Roman occupied Judea a little over two millennia ago and was God’s only begotten son came to save people from themselves.  The other tradition rejected these claims and still waits on Elijah to return as a prelude to the arrival of the Messiah.

“See, I will send the prophet Elijah to you before that great and dreadful day of the Lord comes.  He will turn the hearts of the parents to their children, and the hearts of the children to their parents; or else I will come and strike the land with total destruction.” (Malachi 4:5-6)

Note the choices in the passage above.  There’s option a) repentance and changed hearts, or option b) face total destruction.  And, depending on perspective, there might be an option c) both. 

We know that Judaism was split in two because of Jesus (some believing him, others rejecting him) and also that Jerusalem was destroyed in the year 70CE.  The glorious temple, the very center of Jewish worship, was completely dismantled as Jesus had foretold and has never been rebuilt.

Temple #1: Symbolic, representation of truth, built out of stone and sweat of men, located in Jerusalem:

“As Jesus was leaving the temple, one of his disciples said to him, ‘Look, Teacher!  What massive stones! What magnificent buildings!’  ‘Do you see all these great buildings?’ replied Jesus. ‘Not one stone here will be left on another; every one will be thrown down.'” (Mark 13:1-2)

Clearly Jesus is referring to the destruction of buildings that the disciples were admiring and that destruction literally happened.

But, there’s more…

Temple #2: Figurative, fleshed out truth, the life work and example of Jesus, located in history:

“The Jews then responded to him, ‘What sign can you show us to prove your authority to do all this?’ Jesus answered them, ‘Destroy this temple, and I will raise it again in three days.’  They replied, ‘It has taken forty-six years to build this temple, and you are going to raise it in three days?’  But the temple he had spoken of was his body. After he was raised from the dead, his disciples recalled what he had said. Then they believed the scripture and the words that Jesus had spoken.” (John 2:18-22)

Jesus also used the temple as a metaphor for himself, predicts his own death and promises to resurrect his body.

Then at the trial of Jesus…

“Many testified falsely against him, but their statements did not agree.  Then some stood up and gave this false testimony against him: ‘We heard him say, ‘I will destroy this temple made with human hands and in three days will build another, not made with hands.'” (Mark 14:56-58)

Note, in the third passage, we are told that the witnesses at the trial of Jesus spoke falsely.  However, we see in the prior two Gospel accounts quoted above that the words they spoke were half-true—It is indeed true that Jesus spoke about the destruction of the temple and probably said something about a new temple not built with hands—The false part is where they claim he would do it by his own hand.

Jesus foretold his own death using a metaphor of himself or his body being the temple.  But he was also prophesying about the literal building of stone in Jerusalem.  His words a double entendre, one meaning of the word “temple” was figurative about his own death and resurrection and a second concrete meaning about the literal destruction of the temple built of stone.  However, there is a third use of temple and not the temple of the body of Jesus or the temple in Jerusalem built of stone.

Temple #3: Spiritual, a truth experienced, lived practically and today, located in the heart of believers:

“Don’t you know that you yourselves are God’s temple and that God’s Spirit dwells in your midst? If anyone destroys God’s temple, God will destroy that person; for God’s temple is sacred, and you together are that temple.” (1 Corinthians 3:16)

“Jesus replied, ‘Anyone who loves me will obey my teaching. My Father will love them, and we will come to them and make our home with them.'” (John 14:23)

“Now you are the body of Christ, and each one of you is a part of it.” (1 Corinthians 12:27)

That is a radical message.  It takes us from a man-made building of stone and religion.  It takes us to the man named Jesus “the stone the builders rejected” (Psalm 118:22, Matthew 21:42, Acts 4:11) and then finishes with us being the place where God dwells and being Jesus.  It is the message that got Stephen killed:

“After receiving the tabernacle, our ancestors under Joshua brought it with them when they took the land from the nations God drove out before them. It remained in the land until the time of David, who enjoyed God’s favor and asked that he might provide a dwelling place for the God of Jacob.  But it was Solomon who built a house for him.  However, the Most High does not live in houses made by human hands.  As the prophet says: ‘Heaven is my throne, and the earth is my footstool. What kind of house will you build for me? says the Lord. Or where will my resting place be?  Has not my hand made all these things?‘  You stiff-necked people! Your hearts and ears are still uncircumcised. You are just like your ancestors: You always resist the Holy Spirit!” (Acts 7:45-51)

I can imagine why that was insulting.  Stephen basically just invalidated the entire religion of his audience using their own Scripture. 

The destruction of the temple in Jerusalem marked the end of a religious system.  The life, death and resurrection of Jesus was the beginning of something very different: A chance to be a dwelling place for God, and an opportunity to be a true child (adopted, not begotten) of God.

Jesus, talking to a woman who asked about the proper place to worship, said:

“Yet a time is coming and has now come when the true worshipers will worship the Father in the Spirit and in truth, for they are the kind of worshipers the Father seeks.  God is spirit, and his worshipers must worship in the Spirit and in truth.” (John 4:23-24)

Oddly enough, many professing Christians today are waiting on a literal temple of stone and a literal bodily second coming of Jesus.  They seem to me like those who wait on a literal Elijah, who did not recognize John the Baptist as the spiritual Elijah, and rejected the Gospel of Jesus Christ.  They have a Bible-based religion, they diligently study Scripture, yet they seem to be missing something as far as understanding and faith.

Bible-centered religion and regulation is false security.  Jesus never told anyone that Scripture would replace him as teacher.  Jesus did, however, promise that the Spirit would “teach you all things” (John 14:26) and will come to all who believe.  I believe many have been deceived and believe their ‘Biblical fundamentalism’ will save them.  What they actually have is fundamental misunderstanding, they are relying on their own human religious traditions.  They have a Biblical religion only and not the true faith described therein.

“The person without the Spirit does not accept the things that come from the Spirit of God but considers them foolishness, and cannot understand them because they are discerned only through the Spirit. The person with the Spirit makes judgments about all things, but such a person is not subject to merely human judgments, for, ‘Who has known the mind of the Lord so as to instruct him?’  But we have the mind of Christ.” (1 Corinthians 2:14-16)

It is the Spirit that makes the Bible discernable.  Those who place their security in the Bible itself (or their fundamentalist book-based religion) are not fully submitted to the Spirit and cannot fully understand the things of faith that are described in Scripture.  They bind themselves up in “false humility,” create “regulations” that have “appearance of wisdom,” (Colossians 2) yet they are false and—like those who “study the Scripture diligently” (John 5:36-40) that Jesus rebuked—they do not have the word of God to discern truth from it.

“Even to this day when Moses is read, a veil covers their hearts. But whenever anyone turns to the Lord, the veil is taken away. Now the Lord is the Spirit, and where the Spirit of the Lord is, there is freedom. And we all, who with unveiled faces contemplate the Lord’s glory, are being transformed into his image with ever-increasing glory, which comes from the Lord, who is the Spirit.” (2 Corinthians 3:15-18)

The truth that brings freedom is of the Spirit.  Religions give adherents false security, but true faith that originates from the indwelling Spirit gives freedom and ability to experience God first hand.  Bible-based religion leads men to talk about Jesus.  Spirit-led faith allows men to *be* Jesus and bring salvation to a lost and hurting world. 

Religion relies on rituals, one size fits all prescriptions and manipulation through fear.  Faith is dynamic, applies grace as liberally as necessary and motivates by being an example of a love that transcends.  Religion hides behind a veil of human inadequacy and attempts to legislate morality into existence without ever changing hearts.  Faith overcomes fear and produces fruit out of passion that comes from true unity with God.

The Bible is a book that can only be understood properly by those with the “mind of Christ” and Spirit.  Knowing when the language of Scripture is figurative, metaphorical, spiritual, concrete, literal (or some ‘all of the above’ combination) requires the indwelling of the word.  Discernment through any other means but a mind renewed in Christ (be it be an old tradition or a new commentary) is incomplete.

“…without faith it is impossible to please God, because anyone who comes to him must believe that he exists and that he rewards those who earnestly seek him.” (Hebrews 11:6)

No amount of religion finagling or diligent study can replace the indwelling word.  Jesus made it possible to remove the veil of religion and experience the full presence of God.  Seek after Spirit-led faith, not Bible-based religion.

Have you experienced the promise and freedom of faith?

Or, are you still waiting on Elijah to return?