Contrary to common belief - halacha prescribes punishment - even capital punishment based on circumstantial evidence and presumption (chazaka). Even strong rumors are enough to give punishment
Kiddushin (80a): This was taught only in
respect of Sanctities of the border, but not in respect of genealogy. But R.
Johanan maintained: Even in respect of genealogy. Now, R. Johanan is in accord
with his view [elsewhere]. For R. Hiyya b. Abba said in R. Johanan's name: We
flagellate on the strength of presumption, we stone and burn on the strength of
presumption, but we do not burn terumah on the strength of presumption. We
flagellate on the strength of presumption, as Rab Judah. For Rab Judah said: If
a woman was presumed a niddah by her neighbours, her husband is flagellated on
her account as a niddah. We stone and burn on the strength of presumption, as
Rabbah son of R. Huna. For Rabbah son of R. Huna said: If a man, woman, boy and
girl lived in a house [together], they are stoned and burnt on each other's
account.6 R. Simeon b. Pazzi said in R. Joshua b. Levi's name on Bar Kappara's
authority: It once happened that a woman came to Jerusalem carrying an infant
on her back; she brought him up and he had intercourse with her, whereupon they
were brought before Beth din and stoned. Not because he was definitely her son,
but because he clung to her.
שולחן ערוך (אבן העזר יט:א): מי שהוחזק בשאר בשר, דנין על פי חזקה זו אף על פי שאין
שם ראיה ברורה שזה קרוב, ומלקין וחונקין וסוקלין על חזקה זו.
Aruch HaShulchan (C.M. 2:1): Even
though the Jewish court does not judge cases involving capital punishment or
flogging or fines outside of Israel – but if the beis din sees that the times
require it - because there is a breakdown in law and order – then it is
permitted. Everything depends on the judgment of how serious the problem is.
Not only can the court judge these cases when there is community lawlessness
but even when a single individual sins it is permitted to punish him if they
think it is necessary - as long as they do it for pure motivation. This
ability to judge these cases in emergency situations is even when there are not
valid witnesses but only a reasonable basis that it is true and constant rumors
are heard when there are no enemies who would create them
(Rambam (Hilchos
Sanhedrin 24:5): A beis din – in all places and for all times - has the power to flog a person about whom
there are rumors of bad behavior and the people and complaining that he has
transgressed prohibited sexual relations. This is only when the rumors are unceasing
as we have explained and also that he doesn’t have any known enemies who would
slander him. ….
Yam shel Shlomo (Yevamos
10:20):… Similarly the beis din has the right to flog a person who has a
bad reputation and there are constant rumors that he is involved in improper
sexual relations. However this is only when he doesn’t have enemies that would spread
lies about him
Kiddushin (81a): Rav said that we flog a person because of an evil rumor
about him
Meiri(Kiddushin
81a): All those who act with inappropriate frivolity until people are
constantly complaining about him that he is a sinner is to be flogged based on
his activity which leads people to give him a bad reputation – even though no
one has given formal testimony that he has sinned… Whoever acts in a way that
causes rumors that he is a sinner has violated a negative commandment from
Tradition.