I came across a poll on whether or not rapists should get the death sentence. Seventeen people said that yes, rape should be punishable by death, and only eight disagreed.
My personal opinion is that though it seems very tempting to award capital punishment for rapists, it’s just not practical. Here’s are my reasons:
1. The death sentence is for the rarest of the rare cases
While there’s no doubt that rape is a heinous crime, it is unfortunately quite common. If we award the death sentence for rape, there’s a danger we’ll become comfortable with the idea of killing people through sheer habit. We’ll get used to the idea that the state can legally kill people and in my judgment, that isn’t healthy.
Already people like Baba Ramdev are advocating the death sentence for corruption. How far do we go before we become okay with the state killing people off?
2. More women will be murdered
The death sentence for rape will end up being a death sentence for the rape victims. What’s to stop the rapist from making sure she never talks? As of now, killing someone is a greater crime than raping them. The punishment for most murders isn’t death, and to my mind this will give rapists a license to kill off their victims to make sure they don’t talk.
3. What’s the sentence for even greater crimes?
The idea of differing sentences is to make graver crimes have stiffer punishments. While there’s no doubt that rape is a grave crime, there are other crimes that are even worse. The Nithari killings come to mind where Koli raped and murdered six children. To my mind that is a more serious crime than a single act of rape and the sentence must reflect that. Kohli got the death sentence since it was an unspeakably brutal act and was also extremely rare. If every rape gets a death sentence, what sentence do we give people like Kohli? Torture?
4. Do we want justice or revenge?
In a civilized society, we gradually move from the concept of “punishment” to one of reform. Only when the court senses that a person is too far gone for reform does it even begin to consider a death sentence. This is sure to provoke strong responses, but do we really feel that no rapist can ever change? That they’re a foregone conclusion?
5. No space for mistakes
As it stands, there are many elements that go into proving a rape. With rape cases getting the death sentence, the burden of proof will be raised much higher – once you kill someone you can never bring them back. All the protections that women have begun to obtain from the law such as getting the benefit of the doubt, not having to be questioned too much etc, will be thrown out the window. When a person’s life is at stake, the prosecution will have the right to use the maximum and strongest defense possible. This will surely lead to an even lower conviction of rape cases than we have at present. Moreover, courts themselves will be forced to take longer to decide – taking someone’s life isn’t a thing one does in a few months.
I can imagine why this is an emotional topic for a lot of people and even after reading the above, many might feel that death is an appropriate punishment. What do you think?
[poll id=”22″]
But what happens when they have served their sentence? Who monitors their movements? What stops them from a repeat offense?
And pedophiles deserve a death sentence.
In reply to purba
Isn't that a charge against all criminals and not just rapists? What's the alternative. In principle, we must give people a chance to start over and forget about their past mistakes.
There are many shades of what we call paedophilia. On the one hand we have obviously wrong cases where someone kidnaps a 10 year old and rapes them, and on the other hand we have consensual sex between say a 22 year old and a 17 year old. Both these cases are treated the same as per the law, but would you say that the latter deserves the death sentence?
Death…? No! To me this is like getting freedom. No they should torture them and i mean torture then for the crime they have caused! The poor soul they have harmed lives the rest of there life afraid,scared,and sometimes even never wanting to do "that" again because of this. Now this is just my thought and yes its cruel but so is forcing someone into something like this… also imagine how the spouse of the victim feels or family… Yes, they want revenge i mean honestly if your wife had this happen to her tell me, could you honestly forgive the man to harm your wife in such a way? ill leave that to each individual to decide all i am saying is torture is payback and would make the family and or partner happy to see the evil person who has done this to there loved one was feeling a pain just the same if not worst….
So what do you think if it was if it was your loved one would you pick Life,Death or Torture?
In reply to Pain
I understand how you feel. But when someone's family member has been killed or hurt, they're not thinking straight. We can't just give them what you want.
The law is about justice and not revenge.
I've tried to give reasons as to why the death sentence cannot be given for rape. What do you think of those reasons?
In reply to Bhagwad Jal Park
Bhagwad Jal Park don’t give that shits.you said ” i think rape victim as someone bitten by a mad dog’.don’t you know what the most plausible solution is when a dog goes mad?
In reply to hellhammer
Good catch! But for a rabid dog, there isn’t a cure. It’s not as if a rapist has an incurable disease. Punish him/her and let them go.
Are you actually serious…. If not capital punishment I would say removal of that part of the brain that causes human beings to rape. Do you know why it is so common for people to rape? I tell you because of laws not being strict enough. Do you think a person that has been rape cares about if a rapist can be saved or not. Have you ever been raped, hold against your will? Bhagwad that your name right, you have no clue what you’re talking about. Excuse me but as women we walk in fear everyday of our lives not to be killed but rape. Rape is murder. That person will most likely never be the same. Something dies inside them. Some women suffer psychological disorders, multiple personalities, or even take their life to not remember that day. There is no chance to start over for a rapist, can a person or child that is rape can erase their memory for them to start over? No they have to deal with it or pay numerous amounts of money for counseling. Let me tell you something I am in school studying and I will find a way to raise the bare on rapist. Not now but years from now it will be changed and I will advocate for it. No person deserves to be rape that is murder and no rapist deserves a second chance. Yes, a rapist can kill their victims but that deserves the same punishment. You said that if the punishment be is raised to capital punishment that would not stop a rapist from killing their victims not to talk moreover, how would the victims even point the rapist out if dead? Then I ask you how in the world there are people that have gone to jail if their victims died? No one will be in jail for murder. Only men that have been raped themselves can truly understand the hurt and pain a victim goes though everyday of their life. Many people like you speak of things that you have no clue about especially because you as a man what do you have to truly fear? Do you see many women walk at night by themselves no, but you see men. I wonder why? Maybe cause its harder for man to get raped. So instead of defending a rapist defend the victim. A women or child that says they are raped should be investigated. Look at what happen in the Congo hundreds of women were raped and children. If it happens all over the world it is common and should be stopped. Or holy muder in some arabic countries if a women is raped she is considered wrongful and the rapist goes unpunish. That is what your doing protecting the rapist instead of the victim that is what causes our society to be injust and law systems to be weak. Your research is not accurate and your opinion is fickle. It was indeed humorous when you try to say civiliazed society, a person that rapes is not civilized they are indeed an animal and should be judged as an animal do to the reason that they did not control themselves. One more thing a single act is all it takes for a person to never be the same again. So when you sleep in your bed nice and walm try to think about all the women in the world including your family and children and wonder if ,I was hold down against my will raped once or by multiple times do I give a damn about that person’s right if they themselves tried to take away my entire life or hurt my family. Rape is murder that person can never come back mentally or emotionally the same again. Physically you will see them but as a ghost of who they once were. Some do become stronger yet only few. One more thing, the law is about justice and we as humans determined what it is every year. Laws change when people change it is not revenge it is just. slavery was once normal yet it was abolished, in the Americas though killing and several deaths so why cant rape be abolished too. Thank you, sincerely Lily
In reply to Lily
Thanks for sharing your feelings Lily. I feel the point you’re trying to make. Believe me I do. I understand that rape is a terrible crime and that there’s no going back for a rape victim. I’m not disputing anything you say.
But we can’t always do what we feel. We have to think things through. The five reasons I’ve given for not awarding the death sentence to rapist are valid ones. You’ve tried to address only one of them – namely that murderers also get punished. But you can’t really deny that in two situations were a victim can talk and when a victim is killed, the latter is more difficult to analyze and convict.
And yet the other points remain. They can’t be wished away. I’d like there to be a way around these points, and perhaps there is. But we can find that path only by analyzing and thinking things through without getting emotional about it. Awarding the death sentence for rape can make things worse for the victim as I’ve tried to show in my other arguments.
In reply to Lily
In the below mentioned case, if you have removed “that part of brain which gives male potency”, how you would have reversed when it is discovered it is a false case? Are you ready for death penalty for false cases??
http://timesofindia.indiatimes.com/city/mumbai/Raped-senior-citizen-admits-to-consensual-sex/articleshow/17684005.cms
Thank you and Good back, I did not address all of the topics. I concur it is more effective for a person to prosecute a sexual predator if the victim is alive. However I do believe strongly that rape is murder in many aspects. I disagree with the statement getting emotional; I am being assertive with evidence. I am definitely compassionate though about others that have been hurt. Instead of awarding the death penalty there should still be crucial laws implemented for rape, my suggestion would be looking into the hypothalamus. Sincerely, Lily.
In reply to Lily
I would say it depends on what your motives are. As a deterrence, harsher punishments have rarely served the purpose. In old times, there were many barbaric punishments – the iron maiden, wheels on which you were strapped and rotated, chopping off hands etc…And yet we live in an age where crime is at its lowest level in history despite doing away with such barbarities.
If the motive is revenge and not reform/justice, then yes you have a point. But many, including myself are not entirely comfortable with using the state as an instrument of vengeance.
I reply back hopefully you go it
One must understand the underlying principles behind the murder law: murder is, in a nutshell, the ultimate desecration of human life. People who commit cold-blooded murder, by disregarding the sanctity of life, therefore forfeit the sanctity of their lives.
Rape, in many cases, is similar, and in some cases, is worse: trauma to rape victims is life-changing and permanent, and when many of these contemplate and commit suicide, the rapist is essentially committing a double crime – rape, AND coerced suicide (akin to murder/manslaughter). Since, in terms of crime committed, this is worse than a solitary murder charge, a death sentence is not illogical/unethical, and certainly just.
That said, this is of course for a worst-case scenario, and the law should not judge on absolutes. Consensual sex between a major and a minor, which is considered statutory rape, cannot ever compare to serial paedophilic rape and torture, for example. Justice should be meted out according to the severity of the crime. Therefore, the courts should not award a death sentence merely for rape, but reserve capital punishment for extreme, gross, cruel cases.
In reply to Dhruv
Agree completely Dhruv…thanks for dropping in!
Uhm, hi. My name is Kaitlyn, I am 16, and I am currently a Junior in High School. I’ve read all these comments and, personally, I agree with the death penalty. Rapists rape to humiliate, not for sexual plesure like most think. Rapists want to hurt and humiliate their victims, see them cry and ruin their lives. Bhagwad, you have no idea what you are talking about. Lily, you seem to at least grasp an understanding of what victims go through. Even though I have been raped, I am one of the lucky few that has full support behind me. I was raped exactly a year and 21 days ago, and I deffinately have not been the same since. All my grades dropped, I couldn’t sleep, if I tried to sleep I’d have nightmares, and I saw the guy who raped me in the mall once and fainted (he didn’t recognize me because I had my hair cut really short). I can’t even hug guys that smell like the guy who raped me. When I first told my guidence counsler exactly a month after it happened, she didn’t believe me, and made me wait until Friday to tell the school Psycologist instead of reporting it. Not being believed I think hurt me almost as much as being raped. I can’t trust any of my guy friends anymore and for a short period I reverted back to how I was in middle school– majorly immature TomBoy. I hit guys playing around with them, I broke up with my boyfriend of 1&1/2 years, and I started dressing in guy clothes again. As I said before, though, I am one of the lucky ones. I’ve learned to forgive myself for what happened, just recently the nightmares stopped, I’ve been going out with someone for almost 2 months now, I got straight A’s on my last report card, and I am more mature than I’ve ever been. That isn’t the point, though. The point is that, for nearly a year, I was suicidal, depressed, angry at everyone, I fought physically and verbally with my family and friends and school staff, I wouldn’t eat, couldn’t sleep, scrubbed myself down daily until my whole body would bleed, and I isolated myself. It’s scary as hell for the victim and her/his family and friends. Before I reported the rape, my mother and boyfriend had no clue why I wasn’t talking to them or anybody and they were confused as to why I went from hyper, happy-go-lucky, optimistic, active me to a depressed, unmotivated, pessimistic extreme. My thoughts are probably extremely scattered, but I just pulled an all-nighter and it’s nearly 6am so yeah…
In reply to Kaitlyn
At the age of 16, you have not yet seen the world and hence does not have the social understanding of the consequences of your demands. It is not like demanding for a toy which you like.!!
I certainly understand the trauma you went through (or going through), but that does not warrant a revengeful demand. If that is the case, I should demand death sentence for all 498a false case complainants without any more trials as I am a victim of such a false case and going through the trauma. But then, as being little more aged than you and seen the world, I cannot ask for such disproportional actions.
What the author written is logical, the death penalty will ensure the murder of most of the rape victims. And there is another set of people around who are always looking for an opportunity to trap a person in a false case and extort money and property. What if your brother (if you have one) or your father is trapped in a false rape case , but death penalty ensured? Would that be a better situation? What kind of trauma will you go through if such a thing happen? Believe me, we have such a society around. Think twice, thrice or a hundred times before demanding something, lest the same weapon will hit back at sometime when you stay helpless because it was YOUR demand.
Wish you speedy recovery from your trauma and hoping for a better country for citizen to live peacefully.
I agree with lily and Kaitlyn. Rape does permanent damage to a person. and the death penalty should be implemented like said in more extreme cases but even for less severe casses there still need to be a pretty harsh sentence. personally i cant even understand how someone would have it in them to do such a disgraceful act onto another person.
My solution to this would be to educate rape in schools so that from an early age people will know that if something like it happens they know what to do and that they need to report it asap preferably to a specialist service that can efficiently deal with the situation and set up a safe place for that person to stay obviously dependant on there situation say like they live with the rapist obviously under circumstances to prevent abuse of this system.
As a less harsh sentence man can be implanted with something that works similar to the rod for women but instead it will release a hormone to cancel out the mans sex drive making it imposible to become erect or make it severly painful obviously implanted just before leaving prison and this is a very possible solution and can work on pedophiles.
There should also be something in place so anyone can find out if someone is on the sex offenders list this would help make men think twice because they will be on it for life and the list should be updated with recent pictures of the rapist.
Im sorry about my grammer and spelling and i hope i made sense
In reply to Will
Keeping records and punishing a person after they’ve served their time in prison goes against the principle that once a person is punished for their crime, they are to be able to start again.
After all, people can, do, and should change.
Hi,I agree with Lily and Kaitlyn about their views. I too have same feelings about the victim who face this. In short according to me a rapist should definitely sentenced life imprison. He should be sentenced death if his act and intentions were more cruel and a child rapist, one who rapes minor, a infant rapist should definitely sentenced death or death by electric chair. But the minimum punishment should be life imprison and for child rapist only DEATH………..thanx
My sincere apologies for the foul language I am about to use here, but it is hippie fags like you that have made this world more chaotic than it already was.
I personally believe that criminals should be given no second chances. If you break the law, you loose your so-called “fundamental rights”. After all, you as a criminal have already violated someone else’s rights, so why respect yours?
And if you served time in jail, I believe that the state should monitor your daily life by any means. As I said: no second chances.
Rape is, in any way (male-female, child rape, etc…) the second-most heinous crime after murder. In a way, it is just as damaging to the victim as if he/she had been murdered. It is possible that the victims may “get over it”, but they will live with the scar forever.
Also, by giving rapists the death penalty, would-be rapists will think about their horrible fates (hanging and electrocution being my preferred ways of execution) if they ever break the law. I believe that terror should be fought with even more terror.
In reply to marcus aurelius
You might be very experienced in using foul language and venting your frustration as you so ably demonstrate. Yet it’s significant that you haven’t logically refuted even one of the five points I’ve given against the death sentence for rape.
Guess you don’t have any intelligent way to debate a hippie fag like me eh?
P.S. Use foul language on my blog again and I’ll ban your IP address and warn all other websites and blogs to mark you as spam as soon as you go there.
In reply to marcus aurelius
Nice comment