[net.women] Penalties for Rape

benson@dcdwest.UUCP (Peter Benson) (06/04/85)

In the discussions that have taken place in the last few weeks, the
penalties for rape have been alluded to.  Sometimes people have
suggested the death penalty, castration or long prison terms.  I would
like to know what people think is an appropriate penalty and why.  Is
there some way in which rape can be compared with other crimes so that
comparable punishments could be exacted.

By the way, I have two teenage daughters and were they to be raped, I
would probably want to kill or maim the rapist.  That is my revenge
reaction; what society chooses to do would likely be motivated by other
than revenge.
-- 
                                _
Peter Benson                    | ITT Defense Communications Division
(619)578-3080                   | 10060 Carroll Canyon Road
decvax!ittvax!dcdwest!benson    | San Diego, CA 92131
ucbvax!sdcsvax!dcdwest!benson   | 

robertp@weitek.UUCP (Robert Plamondon) (06/05/85)

In article <191@dcdwest.UUCP>, benson@dcdwest.UUCP (Peter Benson) writes:
> In the discussions that have taken place in the last few weeks, the
> penalties for rape have been alluded to.  Sometimes people have
> suggested the death penalty, castration or long prison terms.  I would
> like to know what people think is an appropriate penalty and why.  Is
> there some way in which rape can be compared with other crimes so that
> comparable punishments could be exacted.

Penalties for most crimes in the US are too high.  In most European
countries, the penalties are much lower (you'd get something like three
years for armed robbery rather than 20, I believe).

When penalties get too high, you start seeing two things:

1.  Juries are unwilling to convict people whom the *KNOW* are guilty,
    because they're unwilling to punish them so severly.

2.  Sentences are artificially lowered.  Before the trial, plea-bargaining
    can get the sentence reduced by having the charge lessened.  After
    sentencing, parole lets the people out in a fraction of their sentence.

These methods, which are all too common, are all inferior to a system that
would have shorter but inflexible sentencing.  It would avoid these
scenarios:

Man is arrested for rape (death penalty offense).  Pleads guilty to some
form of felonious assault (10 years), and is paroled in three years if he
kisses the parole board's collective ass while in prison.  Back on the
street, convinced that he can beat the system, since he beat the original
charge and sentence.

Man is arrested for rape (death penalty offense).  Is brought to
trial.  The defense attorney manages to make his client look human enough,
and bring up enough "mitigating circumstances" that the jury -- convinced
that he is guilty -- can't bring themselves to send him to the gas chamber.
The verdict: Not Guilty.

A final point: rape should always carry a far lesser sentence than murder,
to avoid encouraging rapists to kill their victims.

As to people who want to stake rapists to anthills and drip honey on them:
the justice system's not supposed to be fun.  Save fun for privacy of
your own home.

I'll bring the honey.

-- 
		-- Robert Plamondon
		   {ucbvax!dual!turtlevax,ihnp4!resonex}!weitek!robertp

hollombe@ttidcc.UUCP (The Polymath) (06/05/85)

In article <191@dcdwest.UUCP> benson@dcdwest.UUCP (Peter Benson) writes:
>                                          Sometimes people have
>suggested the death penalty, castration or long prison terms.  I would
>like to know what people think is an appropriate penalty and why.

This is probably going to get me flamed to a cinder, but as  one  of  those
who  favors  the  death  penalty  I think I should explain my position more
fully.

I happen to favor the death penalty for a number of crimes, including rape,
felony  drunk driving, murder, etc..  I do not favor it's current system of
application.  Instead I propose the following system:

1st offense:

        The death penalty is not permitted, but anything  else  up  through
        life imprisonment without possibility of parole is.

2nd offense:

        The  death  penalty  is  mandatory,  but  all  presently   existing
        resources for appeal, pardon, and stay of execution apply.

3rd offense:

        The death penalty is  mandatory.  No  appeals,  stays,  or  pardons
        permitted.   Sentence   to  be  carried  out  within  24  hours  of
        pronouncement.

Rationale:

        Our  system  is   admittedly   imperfect.   Innocent   people   are
        occasionally  convicted  of  crimes.  However, if a person has been
        convicted of three different capital crimes I think it likely there
        are,  other  crimes  they've committed we don't even know about.  I
        see no reason for society to be further burdened with the  cost  of
        having such a person around, in or out of prison.

BTW, I'm not fond of most of our  current  methods  of  execution,  either.
Lethal  injection  strikes me as being the most humane.  Hanging, shooting,
poison gas, and electrocution (mid-tech  burning  at  the  stake)  are  all
barbarities we can do without.
-- 
-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
The Polymath (aka: Jerry Hollombe)
Citicorp TTI                          "How goes the rat race?"
3100 Ocean Park Blvd.                 "The rats are winning."
Santa Monica, CA  90405                               -- Paul Lynde
(213) 450-9111, ext. 2483
{philabs,randvax,trwrb,vortex}!ttidca!ttidcc!hollombe

cja@lzwi.UUCP (C.E.JACKSON) (06/07/85)

In article <191@dcdwest.UUCP>, benson@dcdwest.UUCP (Peter Benson) writes:
> In the discussions that have taken place in the last few weeks, the
> penalties for rape have been alluded to.  Sometimes people have
> suggested the death penalty, castration or long prison terms.  I would
> like to know what people think is an appropriate penalty and why.  Is
> there some way in which rape can be compared with other crimes so that
> comparable punishments could be exacted.

Whatever the punishment is for mutilating someone is what the
penalty should be for rape. It's essentially the same thing.


C. E. Jackson
...ihnp4!lznv!cja (for reasons too silly to explain,the address above 
[lzwi] is incorrect--don't use it)