Burden of Proof - American Reformer

Church Oversight Must Understand the Law of God and General Equity

On June 22, 2022, the Presbyterian Church in America (PCA) gathered in Birmingham, Alabama for their annual General Assembly. The Ad Interim Study Committee presented their much-anticipated report on Domestic Abuse and Sexual Assault in the Church (DASA). The report received a standing ovation. As a PCA teaching elder, I joined in the applause, recognizing the report’s importance for our church and the watching world.

Back home in Annapolis, Maryland, I gave the report a thorough re-read. In section 4, one paragraph jumped out:

Deuteronomy 22:25-27 makes it clear that a victim of sexual assault, though no witnesses were present, should be trusted and action taken to bring accountability to the offending individual. False reports are rare. Identifying a false report is best determined by a qualified investigator.

The phrase “False reports are rare” was footnoted, leading to Attachment 7’s list of 15 myths about abuse. According to the DASA Report, myth 6, “It’s his word against hers,” was pertinent. They asserted, “False reports of abuse are rare. Most abuse happens in secret. Witnesses are also rare. It is not unreasonable to believe one party over the other. In Deuteronomy 22:25-27, the case law explains that a victim of rape (where there are no witnesses) should be believed and the accused held accountable…”

I put the report on the table in front of me and thought, “I’m glad I applauded—it has many merits. Yet, their understanding of the burden of proof is not built on a biblical foundation. In the pursuit of justice, the DASA report might be bypassing the very foundations of biblical law.”

This seems like an odd thing to say given that they quote a case law from Deuteronomy 22:25-27. Since you probably don’t have it memorized, here is the text:

But if a man finds a betrothed young woman in the countryside, and the man forces her and lies with her, then only the man who lay with her shall die. But you shall do nothing to the young woman; there is in the young woman no sin deserving of death, for just as when a man rises against his neighbor and kills him, even so is this matter. For he found her in the countryside, and the betrothed young woman cried out, but there was no one to save her.

Working within the PCA’s own understanding of law, surely the church may gather some general equity from that case law. We can know, however, with great certainty that the church will never gather from this text that a single testimony meets the burden of proof to take action, “…to bring accountability to the offending individual.”

How can we be sure? We can be sure that Deuteronomy 22:25-27 does not teach that only one testimony is necessary to prove guilt, because that would contradict the witness of several clear passages from the Old and New Testament.

Picture this as a courtroom scene. An attorney rises to settle the matter of the moral law concerning witnesses and burden of proof. The first witness is Moses. The lawyer asks Moses, “How many witnesses are required to establish guilt?” Moses replies, “Whoever is deserving of death shall be put to death on the testimony of two or three witnesses; he shall not be put to death on the testimony of one witness” (Deuteronomy 17:6). The attorney responds, “Yes, but what about other cases wherein the offense is not capital?” Moses answers, “One witness shall not rise against a man concerning any iniquity or any sin that he commits; by the mouth of two or three witnesses the matter shall be established” (Deuteronomy 19:15). The attorney asks one more question. “Moses is this true even given ‘power’ dynamics in society?” Moses replies, “You shall do no injustice in judgment. You shall not be partial to the poor, nor honor the person of the mighty. In righteousness you shall judge your neighbor.” (Leviticus 19:15)

Now, this is just the beginning for the attorney. Surely he will call Jesus to the stand. When he does we will hear him say, “…by the mouth of two or three witnesses every word may be established.” (Matthew 18:16) Surely, the attorney will call the apostle Paul, and again we will hear the same testimony, “…By the mouth of two or three witnesses every word shall be established.” (2 Corinthians 13:1).

We can be certain that Deuteronomy 22:25-27 does not contradict the clear teaching of the rest of the canon of Scripture.

One more observation about the report should be made. The DASA authors grounded their policy on a 2010 study by David Lisak entitled, “False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases.” Statistical analysis has a place, but given the weakness of the Deuteronomy argument, it is important to ask if the authors of the report have been overly influenced by statistical studies as a basis for human action.

This is not an allegation. It is, however, a call to take seriously a major temptation for myself and everyone else in this age. “Social constructs” are the fad of the day. Using statistical analysis and other observations about society as a basis for law is a primary mark of a humanistic system. Though the first humanist manifesto was published in 1933 and the second manifesto in 1973, humanism is still the air we breathe in 2024. Humanism has not weakened, but gained strength as they seek to work out their total vision for humanity with rigorous consistency.

We should, therefore, remember the prophetic words of Francis Schaeffer, “Law is to be seen not as floating on a sociological set of statistics, but on a solid foundation.” He wrote that in his Christian Manifesto in 1981 and it is still as relevant today.

Speaking of Schaeffer, his Manifesto ends with the discussion of a painting by Paul Robert, a Swiss artist in the 1900s. It is entitled, Justice Instructing the Judges. Schaeffer comments saying,

In the foreground are different forms of litigation—the wife against the husband, the architect against the builder, etc. Above them stand the Swiss judges with their little white dickeys. How are these people with their little white dickeys going to judge the litigation? A whole sociological theory is involved here. Robert’s answer is this: justice (no longer blindfolded with her sword vertical, as is common) is unblindfolded with her sword pointing downward to a book on which is written “The Word of God.” Here is Lex Rex, because justice is not merely statistical averages. Here is something to build on.”

As I reflect on these issues from my home in Annapolis, Maryland, I am reminded of the responsibility we bear as leaders and members of the church. I am also reminded of the great task of future generations of Christians. My oldest daughter recently graduated from high school and declared her intention to major in political science and minor in theology. My hope for her, and for her entire generation, is that they would pursue justice with unwavering dedication while never bypassing the foundational principles of biblical law. May their actions reflect both the love and righteousness that Scripture commands, ensuring a solid foundation for their efforts to bring true justice to our world under the lordship of Jesus Christ.

Image Credit: Unsplash