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Burden of Proof	By : NeenaVarscona Category: Star Trek > Enterprise Views: 2709 -:- Recommendations : 0 -:- Currently Reading : 0
Disclaimer: I do not own Star Trek: Enterprise, nor any of the characters from it. I do not make any money from the writing of this story.

Chapter List
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Series: Part One of the Cell Mates Series.

Pairing: Archer/Tucker.

Spoilers: No specific episodes. Set in the vicinity of early season two.

Author�s Notes: This is my first story in the Enterprise fandom, and the first in a proposed trilogy of stand-alone A/Tu stories based on a common theme. Wish me luck! Feedback is welcomed and greatly appreciated.

~~~~~
�When can I see him?� asked Captain Archer with his very last shred of patience. His smile was so stiff it made his cheeks ache, but it was critical to remain civil at all times, lest he make the situation worse.

Prime Consort Tammin regarded Archer through the thick lenses of his goggles, his pale grey eyes magnified alarmingly by the glass as they blinked owlishly at him. �I have told you before, Captain, that the prime matron will not be rushed. There is much riding on her decision, most notably our future dealings with your species.�

�I meant no disrespect, Prime Consort,� said Archer, �but it�s been three weeks now, and it seems to me like there�s been no progress at all.�

Tammin got up from his chair and strolled around his desk to face Archer. Like all Nakeen men, he stood barely four feet tall, his scrunched grey features and stocky build making him appear even shorter. Yet he still managed to maintain an air of superiority, despite his guest�s towering presence.

�You must understand that our judicial process is quite intricate. It often takes years before a verdict is made and punishment duly meted out. It is only your commander�s status as an off-worlder, and the fact that the victim was the prime matron herself, that has ensured an expeditious ruling in this case.�

Captain Archer had hit so many dead ends and cut through so much red tape with this species that he was starting to think they made the Vulcans look like a bunch of hippie slackers by comparison. His temper threatened to flare up, and his smile cracked as he said: �Nonetheless, as a show of good faith�and for the sake of our future relations�I would like to see Commander Tucker.�

Tammin sniffed as if he�d been personally insulted, and it was clear that he, too, was finding it difficult to remain civil. �Prisoners are not permitted visitors. There can be no exceptions. However�� he added, sensing the dangerous turn in Archer�s mood, �under these unique circumstances, it would be acceptable for you to view him on the security platform. Would that suffice?�

Archer got the impression it was an offer that would not be made twice. �That would be fine,� he answered through his rictus-tight smile.

�Good. Then follow me,� said Tammin, proceeding to lead the way out of his diminutive office with more haughty grandeur than one would expect from a man his size.

They quickly arrived at the entrance to a white, spherical room with a transparent floor. As he and the prime consort entered, the door slid silently shut behind them, and even though he could feel the floor beneath his feet, Archer couldn�t shake the impression that he was suspended in the centre of a big, white bubble.

�This is Prime Consort Tammin,� said Tammin to someone or something unseen. �Please display detention unit Graff Eleven.�

The air in the room seemed to hum and shimmer around them, and soon Archer found himself standing in Tucker�s cell�or at least in a holographic projection of it. Everything in the room had an odd transparency to it, including Trip, who was seated at the end of his bed, staring off into space. Even in the ghostly projection, Archer could see that Trip was miserable, and he instantly regretted the anger he�d been harbouring against him for getting them into this mess. Seeing his friend looking so dejected brought out the protective nature in Archer, and he reached out a hand to touch Trip�s shoulder. But of course his fingers swept ineffectually through the holographic image, and that only served to make him more frustrated.

�Can I speak with him?� he asked.

The prime consort huffed at Archer and shook his head. If he�d been taller, he would have peered down his nose at him, but as it stood, he had to settle for open indignation. �That�s out of the question. Until the prime matron decides on an appropriate punishment, your Commander Tucker shall receive no special treatment.�

�Hold on,� said Archer. �I thought you said she hadn�t reached a verdict yet.�

�The verdict is a mere formality, Captain. The prime matron herself was the victim of this heinous crime, and there were numerous witnesses�you and I amongst them.�

�What I witnessed wasn�t a crime. Not where I come from,� Archer said, rehashing the same argument he�d been having with Tammin since the incident took place.

�You and your away team were fully briefed on our laws and protocols before your visit, and it was plainly stated that any contact with the female of our species is a criminal offence�one that carries a stiff penalty. But to make contact with the prime matron��

Archer started pacing, as if the motion might help him make his case. �By �contact� we assumed you meant physical contact.�

�Assumptions can be dangerous, Captain. If you�d had any questions concerning the meaning of the word �contact�, you should have asked for clarification. Furthermore, you were advised to bow your heads in the presence of the prime matron, but your chief engineer chose instead to make eye contact. And as if that wasn�t offensive enough, he then leered at her in a most salacious manner.� The prime consort walked over to the door and pressed the release, and the holographic jail cell blinked out of existence as the door slid open. Archer was being dismissed.

�I guess I just don�t see the harm in what he did,� Archer said, refusing to be silenced. �And he wasn�t leering, he was smiling. He was simply being friendly.�

Tammin sighed resignedly and looked at Archer like he was purposely trying to be dense. �You are aware that the Nakeen population is comprised of ninety-five percent males and only five percent females?�

�I seem to recall being told something to that effect,� said Archer, crossing his arms over his chest impatiently.

�And that of those women, only one per generation is capable of bearing female offspring?�

This was news to Captain Archer, and a little bulb went off inside his head. �The prime matron?� he asked.

�Very good, Captain,� said Tammin condescendingly. �She is our people�s most valued asset�the key to our survival as a species. Do you begin to see why we take this matter so seriously?�

Archer bridled at Tammin�s tone of voice, but he did see his point. �I can understand why you would want to protect her, but I can assure you that Commander Tucker wasn�t trying to hurt her in any way.�

�That may very well be,� said Tammin, �but it still stands that he made an unsolicited sexual advance on the prime matron�a crime traditionally punishable by death.�

�Death!� exclaimed Archer. �Isn�t that a little extreme?�

�Without extreme consequences to such offences, our society would collapse. Imagine the chaos if we allowed our men to impose themselves on the matrons without their consent. Now please, I have other matters that demand my attention.�

Archer held his ground, not about to give up so easily. �I think you�re the one making assumptions now,� he said.

The little alien squinted at him through his thick lenses. �Oh? How so?�

Archer was thinking on his feet and he had no clue what he was going to say. But he had to say something, and he had to say it quickly, or he would lose the only advantage he�d had in this on-going battle against bureaucracy. As he paced across the bubble-room floor, an idea came to him. It wasn�t a great idea, but seeing as it was the only one that had presented itself, he decided to run with it. �You�re assuming that my chief engineer was making sexual advances, but I know for a fact that he wasn�t.�

�We were both there, Captain. We both saw��

�What we saw,� said Archer, cutting him off mid-sentence, �was a customary human greeting. Nothing more. Commander Tucker has no sexual designs on your prime matron.�

�You have not seen our females. If you had, you would realise that it is impossible for a man to look upon them and not be overcome with�lustful urges.�

�I�m sure your women are very beautiful,� said Archer, trying not to sound as sceptical as he felt. �But even if the prime matron was the most beautiful woman in the galaxy, Commander Tucker wouldn�t be interested.�

�Really? And why is that?�

�He�s gay,� Archer blurted out, and he felt a stab of guilt�Trip would kill him for saying that, even if the lie could help save his life.

�Gay? Well he certainly seemed happy enough to commit the offence,� said Tammin.

�Not �gay� as in happy,� said Archer. �Gay as in homosexual.�

Tammin tapped his ear and frowned. �I�m afraid we have no translation for that word.�

Archer smiled his first genuine smile since he�d met with the prime consort�finally it appeared he might have found a loophole. �A homosexual is a person who is only sexually attracted to people of the same sex.�

�Out of necessity?� asked Tammin, curious despite his misgivings.

�No�it�s a genetic predisposition found in a small percentage of our population. Am I to understand that you have nothing similar here?�

�Such a thing is impossible for our species. Our males remain sexually dormant their entire lives unless contact is made with one of the matrons. Only then would he become sexually awakened,� explained Tammin, warming up to the discussion. �And once awakened, the urge to join with a matron is primal and overpowering. Such men are a danger to themselves or others should the matron refuse his advances.�

�Well, human males are�different,� said Archer.

�But only a small percentage, you said,� argued Tammin. �How do you know Commander Tucker is�homosexual?�

This was a line of argument Archer hadn�t anticipated, and he scrambled to come up with an answer that would satisfy the prime consort. �I know he is because I am, too,� he said. �Commander Tucker and I are�lovers.� In for a penny, in for a pound, he thought to himself.

�Then Tucker is one of your consorts?� Tammin asked.

�My only one,� Archer amended. �Humans are monogamous.�

�Fascinating,� said Tammin.

There was a static hiss, and a woman�s voice sounded from an unseen speaker. �Consort Tammin, please join me in my chambers�and bring Captain Archer with you.�

Tammin�s look of shock at the order made it clear that such a request was out of the ordinary. �It appears the prime matron has been following our little discussion,� he said. �She has never requested a private audience with an off-worlder before. You should feel honoured. Just remember to avoid all contact unless it is initiated by the prime matron.�

�Understood,� said Captain Archer, doing his best to ignore the blatant patronization.

�If you please,� Tammin said, ushering Archer out of the bubble-room. He led him to an elevator, which stood out from the rest in that it was tall enough to accommodate Archer�s height. No sooner had they stepped inside than it shot upwards at an alarming speed to the top floor. Archer�s knees nearly buckled, but his stocky guide seemed unaffected by the intense velocity.

�Head bowed, please,� Tammin reminded him as the elevator doors slid open. Archer kept his eyes to the floor and followed Tammin into the prime matron�s quarters. He watched Tammin�s feet and stopped when the other man did.

�Captain Archer,� said the prime matron, her voice calm but commanding. �I trust you�ll pardon my intrusion into your privacy, but I overheard your discussion with my prime consort on the security platform.� When Archer didn�t reply, she added; �You may speak, Captain. I shall not take offence.�

�Then, if I may, I�d like to speak on behalf of my chief engineer.�

�You have already spoken on his behalf,� she answered. �And I have taken your arguments into serious consideration. You�ll be pleased to know that I have chosen to be lenient in your consort�s punishment. He will not be executed.�

Archer let out a small sigh of relief, but he knew better than to think this was all over.

�However,� the prime matron added, �a serious crime was committed, and justice must be satisfied. In lesser offences of this nature, it is customary for the offender to be castrated to prevent further such behaviour.�

Archer was so stunned by the comment that he nearly forgot to keep his head down. �Prime Matron, don�t you think��

�Relax, Captain,� she said quickly. �Due to the unique variables of this case, I have decided to forgo traditional punishment�if you can prove to me that Commander Tucker was innocent in his intentions.�

Archer had a bad feeling about where this was headed. �What would I have to do to prove his innocence?� he asked.

�If what you said about your relationship with Commander Tucker is true, then I�ll require proof.�

�What kind of proof?� Archer asked warily.

�A simple, but thorough, demonstration of your claimed sexual intimacy should suffice,� she said.

Archer�s mouth went dry. �Are you telling me you expect us to have sex while you watch?� he asked indignantly.

�It is a relatively small price to pay, given the alternatives,� said the prime matron. �I am not convinced that a physical union between two men is possible. And even if I were to concede that it is, I have only your word that you and your commander are lovers.�

Archer was finding it increasingly difficult to carry out his end of the conversation without making eye contact. He felt like a baseball player trying to hit a homerun without being allowed to use a bat. �You have to understand that humans are extremely private when it comes to their personal relationships.�

�And you have to understand that by giving you this opportunity to clear your consort�s name, I am breaking with judicial practices that have been in place since the very foundation of our culture,� she said. �I will give you until nightfall to decide.�

Tammin�s hand was on Archer�s hip, propelling him back into the elevator. His meeting with the prime matron was over, and he wasn�t sure whether he should be happy or upset at the outcome. His improvised attempt at defending Trip had backfired somewhat, but it didn�t change the fact that he might have found the only way of saving his friend from the Nakeen�s brutal punishment.
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Burden of Proof