Onus of Proof Principle

Important: GDPR Email Preferences

As you may already know, the EU General Data Protection Regulation (GDPR) will be coming into effect on 25th May 2018. We take your privacy seriously and we are working hard to ensure we comply with the new data protection laws. You can find out more about how we're doing this in our privacy policy on our website.

We want to make sure you continue to receive the latest newsletters, blogs, special offers and more.

As someone who has opted-in to receive our emails in the past, we’d like to give you this opportunity to confirm what you wish to receive:

Just so you know, if you don’t let us know what kinds of emails you want to receive from us, we’ll stop emailing you on the 24th May 2018 - you'll be missing out!

You are of course free to change your mind at any time – just follow the link at the bottom of any of our emails.

There is a principle of logic that says that the onus of proof is on the prosecution. The onus of proof is not on the accused.

The accused does not need to prove his/her innocence. The person who is making (or implying) an accusation, is the one who must prove their case.

Paula Radcliffe is suffering from implied allegations of misdeeds. Paula is making a tactical error, in that she is trying to prove her innocence. This is an error, both tactically and logically.

Logically it is an error, because you cannot prove a negative. Since, if nothing happened, then it leaves no clues. Only if something happened does it leave clues. You cannot prove that you didn't do something wrong.

For example, if I said to you, "I accuse you of being a shoplifter who has never been caught. Prove that you are not."

Then you would not be able to prove that you have not ever been a shoplifter. I could say that the absence of evidence of you shoplifting, merely goes to show how skilful you are at avoiding detection.

It is impossible to prove innocence. That is why, in our law courts, you don't have to prove yourself innocent. The prosecution has to prove you guilty, beyond all reasonable doubt.

In the press and on the TV, they break this rule and make assertions, which tantamount to allegations, that X is "Linked to drugs".

The implication is left unsupported and the victim, the athlete, then feels forced to come out and try to deny the allegation.

Paula tried to prove her innocence. But in the act of protesting her innocence, she unwittingly reinforces in the public consciousness, the connection between drugs and her name. Her denial then becomes more fodder for the press to print the following day, to comment on and to further fuel the speculation that she may have something to hide.

They say her denials do not prove her innocence and so that again implies guilt. This is unfair, unjust and illogical.

Those people who are the victims of such smears should invoke the 'onus of proof principle'.

They should not attempt to prove their innocence; which cannot be done. They should challenge their accusers to put up, or shut up.

They should assert their innocence without any attempt to prove it. They should threaten legal action against anyone who claims or suggests, without evidence, that they have committed wrong doing.

Paula, please don't play the press by their rules. Please don't try to prove your innocence - you are innocent until you have been proven guilty.

It is up to your accusers to prove you guilty; not for you to prove you're not guilty. Paula, please apply the onus of proof principle to your accusers.

Stay strong.

About the Author: Chris Farmer

Chris Farmer is the founder of the Corporate Coach Group and has many years’ experience in training leaders and managers, in both the public and private sectors, to achieve their organisational goals, especially during tough economic times. He is also well aware of the disciplines and problems associated with running a business.

Over the years, Chris has designed and delivered thousands of training programmes and has coached and motivated many management teams, groups and individuals. His training programmes are both structured and clear, designed to help delegates organise their thinking and, wherever necessary, to improve their techniques and skills.

Blogs by Email

Do you want to receive an email whenever we post a new blog? The blogs contain article 5-10 minutes long - ideal for reading during your coffee break!

Further Reading in General Development

• How to Recover Economically From the COVID-19 Lockdown
  Since lockdown measures were introduced to tackle COVID-19, businesses have suffered huge losses and the economy is predicted to take many years to recover. Take steps to ensure that your organisation will be able to get back on its feet quickly.
  Read Article >
• I have made an amazing discovery
  Apply this discovery and you will be better able to persuade people to accept your proposal, buy your products, and accept your ideas.
  Read Article >
• 6 Fundamental management skills
  Six skills needed by everyone who wants to succeed in their role as a manager or team leader.
  Read Article >
• Six Reasons Why Leadership Training is Important
  Good leaders are vital to the success of any organisation, by inspiring and empowering their staff to achieve the goals of the business. It is not true that leaders are born not made. Leaders can be taught to be great with good leadership training.
  Read Article >
• How to Tap Into the Hidden Skills of Your Workforce
  Employees often have many skillsets and qualities that are unknown to their employers. Managers should therefore seek to discover and use this hidden potential, both for the benefit of the organisation and for employee job satisfaction.
  Read Article >

Looking for Personal Development Training?

If you're looking to develop your General Development Skills, you may find this Personal Development Training Course beneficial:

Open Training Course Pricing and Availability

Next Open Course Starts in 3 days, Manchester, places available Book Now >