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Revision as of 20:11, 7 February 2012

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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 the rebuttable presumption that a person who is unconscious or asleep cannot consent to sexual activity.

See also

• Legal burden of proof
• Conclusive (irrebuttable) presumption
• Prima facie