Let’s pretend not to understand the presumption of innocence

Willful, determined stupidity from David Futrelle:

Does J.K. Rowling believe that trans people — or at least trans women — don’t deserve the presumption of innocence? That seems to be the clear implication of an op-ed she wrote for the Times (UK) today. But she is cagey enough in her wording that she can and probably will figure out a way to say, my goodness, I wasn’t saying anything of the kind.

Or to put it another way, she’s precise enough in her wording that she is in fact not saying anything of the kind.

Before we get to her wording – presumption of innocence isn’t a magic talisman that applies to everyone on all occasions in all contexts. It’s a legal term – defendants are presumed innocent until proven guilty. That doesn’t translate to some magic formula that applies to everyone everywhere.

Here’s the relevant quote in context. She is — in the midst of a longer attack on First Minister of Scotland Nicola Sturgeon – insinuating that men routinely pretend to be trans women in order to get easier access to women to abuse:

No she’s not. What an idiotic thing for Futrelle to claim. What she does say:

The third argument Sturgeon uses is that it’s transphobic to suggest any man would fraudulently claim a female identity. This claim is extraordinary. Nobody but the very naive can fail to be aware that predatory men are capable of going to great lengths to gain easy access to victims, and have often sought out professions or special status that offer camouflage for their activities. Sex offenders have historically been found among social workers, teachers, priests, doctors, babysitters, school caretakers, celebrities and charity fundraisers, yet no matter how often the scandals break, the lesson appears never to be learned: it is dangerous to assert that any category of people deserves a blanket presumption of innocence.

She’s comparing trans people to priests, social workers, doctors – and the point is not that they’re not entitled to the presumption of innocence in court, the point is that they’re not entitled to it in advance in situations that would be a honey pot for predators. It’s extremely sad and infuriating that it’s necessary to take precautions against predators, but it’s true all the same. This is not an insult to all priests or doctors or social workers, nor is it a call to remove their right to a fair trial: it’s a reminder of why we can’t just assume that no predatory male would ever pretend to be a trans woman for greater ease of predation.

Futrelle’s distortion of this is appalling.

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