Should the rape of a human being be a death sentence?

Discussion in 'Law and Justice System' started by shintao, Dec 23, 2010.

  1. shintao
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    shintao Take Down ~ Tap Out

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    In 1285 in English law, the penalty for rape was a death sentence. Due to concerns of AIDs, prison populations, and street crimes against human beings, I think rape would justify a death sentence again. Do you think Congress would pass such a law, and why would states object?

    The History of Rape Laws

    (from Chapter 1, Against our Will by Susan Brownmiller)
    Rape entered the lawbooks through the back door, as property crime of man against man, with the women viewed as the property involved. Women were wholly owned subsidiaries of men in ancient times – first owned by their fathers, and then by their husbands. Rape was, therefore, the theft of virginity, and embezzlement of a man’s fair price for his daughter. Accordingly, the punishments were very severe.

    ENGLAND (before 1066)
    Penalty for rape was death and dismemberment, but only applied to men who raped a high-born propertied virgin.
    – 1066 (William the conquered) penalty reduced from death to castration and loss of both eyes.
    – 12th Century (King Henry II) significant change: Trial by Jury, but only if victim filed a civil suit, and ran through the town immediately after the attack making a “hue and cry”, and showing her injuries and torn clothing to “Men Of Good Repute”, thus the roots of today’s stringent rules of corroboration.
    – 13th Century (status of Westminster) important advances
    o Involved the Crown in all rape cases (not just virgins)
    o Statutory rape recognized by law
    o No distinction in punishments for rape of virgins and non-virgins
    o If a woman failed to institute a private suit within 40 days, the right to prosecute automatically passed to the Crown, meant that rape was no longer a family misfortune, but an issue of public safety and state concern. However, penalty for rape reduced to two years imprisonment (for 10 years, in 1285 the 2nd Statute of Westminster re-established the punishment to death)

    http://sascwr.org/resources/pdfs/Legal/The History of Rape Laws.pdf
     
  2. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    No.

    Rape is a complicated crime..and takes a great deal to sort out.

    Sometimes the "rapist" turns out to be innocent.
     
  3. Avatar4321
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    Avatar4321 Diamond Member Gold Supporting Member

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    For aggrevated conditions, yes, IMHO

    But then Robbers should be executed as well. And it should be considered in cases where people steal the retirement plans of others.
     
  4. The Infidel
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    The Infidel EVIL CONSERVATIVE

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    :eusa_shhh:
     
  5. The Infidel
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    The Infidel EVIL CONSERVATIVE

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    Why is this under politics ?
    :rolleyes:
     
  6. eots
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    eots no fly list

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    the laws are total messed up..you have boys in jail in some states that had girl friend under 16 and then there are men that have raped 14 yr old girl I know of personally that got probation and no jail time !
     
  7. Contumacious
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    Contumacious Radical Freedom

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    Considering what happened to Kobe Bryant and now to Julian Assange, I have serious reservations in those cases where the crime is not OBJECTIVELY DEFINED and where it is a she says/he says situation.

    .
     
  8. elvis
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    elvis BANNED Supporting Member

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    no. killing a rapist is not justice. killing a killer is.
     
  9. shintao
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    shintao Take Down ~ Tap Out

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    Isn't that why we have the laws like probable cause? Sometimes the murderer turns out to be innocent as well, and that doesn't mean a death sentence isn't needed. With the forsenic crime tests it is pretty easy to verify when rape has occurred. DNA for example can be found where a person touches you on skin or clothes, so sperm alone isn't needed.

    Good detective work is needed, proper procedures followed, and a court room.
     
  10. eots
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    Just throw them in general population and let nature take its course
     
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