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″]
As a P.S., I should also add that the courts should be more heartless. And no, I don’t believe people are capable of change.
Besides, looking it on the practical side, the taxes used on those inmates might (possibly) go to something better.
No mercy. No tolerance. No prisoners.
Only punishment.
Only Justice.
In reply to marcus aurelius
Interestingly, you should note that punishment and justice are not always the same thing. And the fact that you don’t believe people can change makes the world a sadder place for you. But that’s not my problem.
In reply to marcus aurelius
Nice topic .. I want this topic for the reason that it is also our topic for a round table discussion… I don”t agree that the suspect should be punish by death , If it”s happen you want is revenge and not justice …. punishment and justice is not always the same …..all people have a change to change there life and have a 2nd change……….life is so important to be wasted. WHAT IS THE DIFFERENCE BETWEEN A RAPE SUSPECT IS BEING KILLED BY THE POLICE BECAUSE OF THE LAW OF DEATH PENALTY …. AND THE GIRL THAT HAS BEEN KILLED BY THE PERSON WHO RAPED HER.. ???
Holy crap! The people on here are heartless! Although most rapists do not, it IS possible for a rapist to change. A life is a life ( no I am not religious ) and who is to say who life is valued more? Death penalty for rapists with REDUCE the rate of rape reported because more VICTIMS will be MURDERED.
More people in the US lie about rape than those who actually do get raped!—TO EPIDEMIC PROPORTIONS.
By the way, based on posts I have read here, both sides are wrong on the difference between revenge and justice.
Justice is supposedly a justified revenge.
Sympathy for the victims? If they don’t accuse rape as a threat against people.
-Get real.
I do not agree with the death penalty for a rape for a multitude of reasons but this isn’t to say I am against capital punishment, I believe we should have capital punishment. But we cannot use capital punishment for rape crimes. For one it would be to extremely hard on the victims- especially children. Victims would have to testify against the accused multiple times and since most rapes are committed by people close or known to the victim this can be very hard on the victim. Even more so since the victim would be determining if they were put to death. They would not only have to live with the memory of a rape but now with the knowledge they assisted in taking a human life. Some may be consoled by the fact that their rapist is dead but most would be haunted far more then they already were.
Think for a moment, a young child raped by a family member must now help determine if that family member should be put to death. They must go through years of the event being brought back up in testimony. Any time they began to heal it would be brought back up and since death penalty cases bring top notch attorneys and tons of media coverage the victim would go through much more than if the sentence were something else. And whose to say they won’t change their testimony as to save that family member?
And when the penalty for a crime is death the jury tends to be more reserved, they don’t want that on their conscience. And even if they’re convinced the person committed the crime they may not convict simply because of the death penalty, this means criminals go free. Not to mention the vote must be unanimous and any case with the death penalty is automatically appealed which cost tax payers 2-5 times more than keeping that person in prison for life.
Also, the U.S. Supreme Court has banned the death penalty for someone convicted of raping a child. Here’s the article: http://www.npr.org/templates/story/story.php?storyId=91878805
In reply to Tess
Thanks for that Tess. Yes – putting someone to death is not trivial. Neither should it be!
What are we to do if rape isn’t dealt with harshly? From what iv being seeing, no state has a death or even a life sentence penalty for rape. What can we do to change these lax laws into something that would bring fear into every sexually immoral rapist out there to deter them from ever committing or thinking of committing as something as vile as rape? Something must be done to insure the safety of our loved ones and friends. No man woman or child should have to deal with being raped and then having their assailant get off scott
free. It all comes down to the victim. They must try to go out and have their voice heard and speak out against their attacker. They immediately need to go to the police, or if they’re too young, and adult must be told. Parents or guardians, listen to your child. If he or she feels like something was recently done wrong to him or her, but can’t seem to explain it, due to their inexperience in this sinful world, try to get out the story. Do not just pass it off as a child’s story. Please listen to them. I know someone so very dear to me who was raped as a child. She tried to tell her parents, but they ignored her, thinking it as nothing more than a pretense to get attention. 12 years have passed since then, and I was able to convince her to tell her parents about it again, this time to some success, but there is no longer of any physical proof to put the slimy monster behind bars. California laws dictates that a person has 10years to report a rape, otherwise they won’t even bother writing a report. The rapist, now lives with his wife and adopted daughter in Hollywood, California. I fear for that child’s life, what will he do to her? There’s is no knowing or saying, but in conclusion, speak out and listen. Someone will be there to help u guide u thought these difficult times and be able to bring justice to the wicked. Be safe, keep your families safe, and don’t hesitate to defend your friends or family against evil people.
I think the death penalty should be an option in court even I’f the defendent did not murder his/ her victim . I know of several people who had been raped and I bealive the rapest of those victims ended there life in some way or another . It is a vary controversial subject to argue about . I my self am not sure . You stated that rapest might end there victims life’s after they rape I to agree that might/ will increase if the laws were changed .
Keep mase and a pocket knife at all times ladies , this world is beautiful but dark at the same time . God bless you all
I think we must differentiate between the married rapist and the unmarried rapist.The punishment for rape in Islam is stoning to death if the perpetrator is married, and if he is not married then one hundred publicallylashes or one hundred lashes together with banishment for one year. Islamic punishments are detterrent to close the doors of such heinous and abhorrent crimes in order to protect the dignity and modesty of women and that is the reason it has prescibed strict penalty.
In reply to Waheed Ahmad
But is the rate of rape lower in Islamic ruled country? I haven’t seen any data that suggests that’s the case. In fact, the rate of rape is usually far higher than in non Islamic countries.
How do you define rape?
When some crazed crackpot floozy creams rape because she didn’t get a promotion or because a male coworker looked at her the wrong way or because someone accidentally brushed against “her majesty” in the elevator?
This is ridiculous, rape is such an ill defined crime it should NEVER be punishable by death. Worse yet, there are so many false rapes reported, I wouldn’t mind giving those floozies who report it the death penalty.
In fact the current statute is excessively harsh as is for rapist, some of whom I believe didn’t do anything close to rape.
I voted ‘YES’ for death sentence for rape. For all those who voted ‘NO’, I have a simple question.
What would you do if your mother, wife, daughter, sisters are raped….would u like to see the person who raped die a terrible sudden death or follow the law of the land( which is usually toothless )?…..Lets say u happen to have a knife ( or a gun), would u attack the aggressor or call the police? ask yourself…make sure you do what you say when that actually happens to you or your close family member….
if not death I would atleast recommend pulling out both the eyes of the accused …………..
In reply to Paul
It’s not about what we would like to do. Islamic mullahs would like to kill me for being an atheist and a lot of hindus would like to see M F Husain hanged.
Also think about the American parents of a 14 year old girl who died in the Mumbai attacks. They said they forgive Kasab and pleaded for him to not be hanged.
Can we muster the same forgiveness?
In any case, we don’t hand out barbaric punishments in the 21st century. How about addressing the points I raised in my posts logically instead?
In reply to Paul
I have another more simple question to you: What if you are charged with rape and death-penalty is the only sentence. Also given that the complainant *need not* prove that there is penetration.. Only evidence is the complainant’s testimony. Are you ready for that???
For all those who are against ‘death sentence’ against rape…I would like to propose this….Which is the person( who is against death sentence) is lock up in a room for a month and raped by many homosexuals for the entire month( expect ofcourse during food and rest room ). then at the end of the month I give an option to shoot all of them or approch the law to take its own course….thats it….cmon who is willing to take up this offer? show ur face, I would like to arrange that as an experiment to test human Prejudice. – Cmon good fellas help me out here.