EXACTLY! It is the person making the claim that something is true, who must provide evidence of it's existence.

The person who says, "If you can't prove you were NOT dancing on your lawn at 3:30 am with a blue dildo up your arse, then this proves you WERE dancing around with that thing up your pooper" who is the bad guy. He's the one playing the role of the charlatan.

Not having evidence that something is untrue, is NOT evidence that it IS true.

I call bad form here.