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Proof by lack of evidence 

The proof by lack of evidence fallacy is claiming something is true simply because nobody has yet given any evidence to the contrary.
Torturer: You are a heretic! You can't prove that you aren't one, so you are a heratic. Confess, or we will stretch your body out until you are a foot taller.

Accused: Ha, you did it - you committed the proof by lack of evidence fallacy!

Torturer: That's enough out of you. Brutus, give the wheel another turn.
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