[net.women] Defence of lawyer on 60 minutes

mokhtar@ubc-vision.UUCP (01/31/84)

        
    Maybe it is a little too late for this, but late is better than never.
 Several people expressed their anger and frustration with what the lawyer
 on 60 minutes said about "mild rape". I didn't find what the lawyer said
 very disgusting or outrageous for the following reasons:
    There is no doubt that rape is very tragic and painful. No doubt that
 what the rapist did was definitely wrong and he/she should be punished
 for it but there must be a difference in the punishments of two rapists
 one of whom cuts the victim "into pieces" and the other who does not
 inflict any "physical damage" on the victim. One person on the same show
 said, "This is not a black & white world but a world of several shades of
 grey". Good people make mistakes too, in this case a horrible mistake.
 They should pay for it but they should not become the targets of somebody's
 anger. In my opinion, a raped person should not substitude pain with anger
 and hatred. Those are the same qualities that drive the rapist to commit
 that act. If you hate him/her, you will become like what you hate. Doesn't
 sound easy. It is not, but with prolonged anger there is no healing, only
 more hurting, of one's self and possibly others.
                                     

simon@psuvax.UUCP (02/01/84)

Sorry, but sometimes anger is justified. Maybe some Nazi camp guards at
Auschwitz only killed a few thousand inmates instead of hundreds of
thousands, and maybe Gandhi could forgive and love them. Most humans
cannot. 
There is a point in that some crimes are especially horrible, and that some
people make horrible mistakes. Still, punishment should to some extent fit
the crime, not the intentions of the criminal. This principle is clearly
present in civil law: if you break your neighbor's window, you pay for it,
whether it was a "tragic mistake" (your daughter hit a hardball into it) or
a premeditated action (your unauthorized form of protest against late parties).
In the latter case, you may also be liable for punitive damages, and criminal
action.
js

mazur@inmet.UUCP (02/10/84)

#R:ubc-visi:-15800:inmet:10900043:000:1348
inmet!mazur    Feb  8 18:42:00 1984

***** inmet:net.women / ubc-visi!mokhtar / 11:44 pm  Jan 30, 1984

        
 There is no doubt that rape is very tragic and painful. No doubt that
 what the rapist did was definitely wrong and he/she should be punished
 for it but there must be a difference in the punishments of two rapists
 one of whom cuts the victim "into pieces" and the other who does not
 inflict any "physical damage" on the victim. 
                                     
----------

There is a difference between the two.  In the case of a victim cut into
pieces, the rapist would probably be charged with assault and battery as
well as rape, and if he/she (using she reluctantly) were found guilty,
he/she would most likely be sentenced to a much longer prison term.

The other difference is that the first victim would have less trouble
convincing a judge and jury that he/she was raped.  The second victim could
find himself/herself on trial, especially if he/she knew her attacker.
Questions like "What were you wearing, why were you there, why did you let
him/her bring you home..." implying that the victim some how could have
encouraged/allowed the attack.

Big question: can anbody on the net think of a court trial where a man
(and I don't mean child abuse) accused another man of raping him?  What
were the results?

Beth Mazur
{ima,esquire,harpo}!inmet!mazur