y Larry Neely . . . The National Association for Rational Sexual Offense Laws (NARSOL) has filed an amicus curiae brief in the United States Court of Appeals for the Ninth Circuit in support of Stephen Edward May, whose conviction for child molestation in an Arizona case has been set aside by the federal court in Arizona. NARSOL’s interest in May’s case rests on the Arizona statute defining the offense of child molestation to require the accused to prove that any contact with an underage child did not result from a sexual interest or motivation. The law, which was upheld by the Arizona Supreme Court in State v. Holle, 240 Ariz. 300, 379 P.3d 197 (2016), essentially requires an accused to prove that he is not guilty of the crime, rather than preserving the traditional presumption in American law that the individual is presumed innocent until proven guilty.
Finally, someone acknowledges that there is a presumption of guilt and the burden of proof is actually on the accused…even if it is just for this one law. Most of us who have been in the system already know that as far as jail staff, courts, and lawyers, we who have been arrested are guilty and need to prove our innocence.