WASHINGTON / November 12, 2018 – Several non-partisan, national surveys point to widespread public concern about the erosion of the presumption of innocence and due process in our country, the problem of false allegations, and a pressing need to reinvigorate these bedrock principles of fairness in our legal system.

Public concern was first spotlighted in a 2011 SAVE survey that reported 9.7% of persons report they have been falsely accused of sexual assault, domestic violence, or child abuse. One in six of the respondents personally knew someone who said he or she had been falsely accused of domestic violence, child abuse, or sexual assault (1).

A 2013 survey commissioned by the Center for Prosecutor Integrity found that 66.8% of respondents believe the presumption of innocence is becoming lost in our legal system. In addition, 42.8% of persons say prosecutorial misconduct has become widespread (2).

A 2017 YouGov poll revealed strong support for the restoration of due process in campus sexual assault cases. The survey queried whether “Students accused of crimes on college campuses should receive the same civil liberties from their colleges that they receive in the court system.” Among the 1,200 persons responding, 65% of Democrats, 77% of Republicans, and 67% of Independents expressed agreement with the statement (3).

A poll by Ipsos/NPR found 80% of men and 73% of women believe that those who are accused of sexual harassment should be given the benefit of the doubt until proven otherwise. The survey was conducted October 22-23, 2018 with a sample of 1,003 adults (4).

Much of the shift in public perceptions can be linked to the controversies associated with the #MeToo movement.

Morning Consult recently found 57% of U.S. adults say they are equally worried about men facing false allegations of sexual assault as they are about women facing sexual assault. Overall support for the #MeToo movement has dropped 2% over the last year, the survey found (5).

A survey conducted by YouGov and the Economist in October revealed 18% of Americans now think false accusations of sexual assault are a bigger problem than attacks that go unreported or unpunished, compared with 13% one year ago. These shifts in public opinion against complainants have been stronger among women than men, the Economist noted (6).

SAVE has developed a Due Process Statement that urges members of Congress to “speak out in support of Constitutionally rooted due process rights on campus.” Over 285 law professors, scholars, and state lawmakers have signed the Statement. SAVE invites additional state lawmakers to become co-signers. For more information, contact mvalois@saveservices.org.

Citations:

1.http://www.saveservices.org/dv/falsely-accused/survey/

2.http://www.prosecutorintegrity.org/survey-summary/

3.http://bipp.blogs.bucknell.edu/files/2017/09/BIPP-Higher-Ed-Toplines.pdf

4.https://www.ipsos.com/en-us/news-polls/NPR-Sexual-Harassment-and-Assault

5.https://morningconsult.com/2018/10/11/a-year-into-metoo-public-worried-about-false-allegations/

6.https://amp.economist.com/graphic-detail/2018/10/15/after-a-year-of-metoo-american-opinion-has-shifted-against-victims?__twitter_impression=true#top