Both in common law and in civil law, a rebuttable presumption (in Latin, praesumptio iuris tantum) is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise. For example, a defendant in a criminal case is presumed innocent until proved guilty. A rebuttable presumption is often associated with prima facie evidence.
Rebuttable presumptions in criminal law are somewhat controversial in that they do effectively reverse the presumption of innocence in some cases. For example, in the United Kingdom, Section 75 of the Sexual Offences Act 2003 makes several rebuttable presumptions about mens rea and consent to sexual activity.
In some cases however, a rebuttable presumption can also work in favor of the accused. For instance, in Australia, there is a rebuttable presumption that a child aged at least 10 but less than 14 is incapable of committing a criminal act.
Famous quotes containing the word presumption:
“It was modesty that invented the word “philosopher” in Greece and left the magnificent overweening presumption in calling oneself wise to the actors of the spirit—the modesty of such monsters of pride and sovereignty as Pythagoras, as Plato.”
—Friedrich Nietzsche (1844–1900)