[net.women] Why date rape is not a "grey" shade

cja@lzwi.UUCP (C.E.JACKSON) (06/05/85)

In article <699@burl.UUCP>, geoff@burl.UUCP (geoff) writes:
> I use the murder analogy because it has long been used in law.  If you kill
> someone in the heat of anger, that person is dead.
I think the real problem here is that the law may very well be
wrong in this regard. Klus Von Bulow aside, many
non-premeditated murders are perpetrated on family members.
Currently the law, as you said, does give such murderers a break,
especially men who beat their wives up.
I would argue, however, that this is wrong. With family
murders, two crimes are committed--the violence itself and the
betrayal of trust. I don't know if you are married, but there
is nothing to compare with the kind of closeness & trust that
my husband & I have. If either of us were to become even
non-murderously violent towards one another there would be an
end to that trust as well as an act of violence committed.
Insofar as the law has an interest in promoting a stable
society, and insofar as better family relations help stabilize
society, I would argue that violence against a family member
or anyone who had a relationship of trust with his/er attacker
is a more serious crime than one against a stranger.
I also think that this attitude about anger is fundamentally
flawed. In the sixties & seventies, there were a lot of books
about how healthy it was for people to vent their anger, etc.,
etc. Recent studies on anger & family life indicate that
venting one's anger tends to make it feed upon itself, and
that the most successfully married couples use restraint in
expressing their anger to their partners. Therefore, I think
the law should encourage people to curb & control their anger,
especially where their other emotions (such as love/hate or
jealousy) are running high--not to reward them, in effect, for
"letting it all out." 

> Murder is a very bad crime. Yet there are shades.
Yes, but I think killing your wife/husband is worse than
killing a stranger. (It's also one of the most common forms of
murders in this country &, especially in cases where the
husband had a *history* of abusing his wife, one of the least
punished.)

> Why is it so offensive to think there are shades here as well?
There are, but I think the shades have more to do with what
was done & what degree of trust was betrayed. Thus, a husband
raping his wife would be one of the worst kinds of offenders.
Also, anyone employing violence other than the rape itself
should be punished more harshly.
But women do repose a certain trust in their dates (in general
at least) & insofar as date rapists violate that trust, I
think they should be more, not less, harshly punished.
> 				geoff sherwood