God is an hypothesis, and, as such, stands in need of proof: the onus probandi rests on the theist.

Legal burden of proof (onus probandi)

One considerable difference between prize law and ordinary Anglo-American criminal law is the reversal of the normal onus probandi or burden of proof.

In this case, the onus probandi (the burden of proof) shifts from the plaintiff to the accused, who still has the chance to prove in their defense that consent was given.

"When one merchant sends an account current to another residing in a different country, between whom there are mutual dealings, and he keeps it two years without making any objections, it shall be deemed a stated account, and his silence and acquiescence shall bind him, at least so far as to cast the onus probandi on him."