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- Newsgroups: talk.rape
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!magnus.acs.ohio-state.edu!usenet.ins.cwru.edu!mrg!rpetsche
- From: rpetsche@mrg.tmc.edu (Rolfe G. Petschek)
- Subject: Degrees of rape (was) Re: Clarifications on Rape in any form ...
- Message-ID: <1992Jul24.195447.29819@usenet.ins.cwru.edu>
- Sender: news@usenet.ins.cwru.edu
- Nntp-Posting-Host: mrg.phys.cwru.edu
- Reply-To: rpetsche@mrg.CWRU.EDU (Rolfe G. Petschek)
- Organization: CWRU Physics Department
- References: <1992Jul24.161815.26091@brtph560.bnr.ca>
- Date: Fri, 24 Jul 92 19:54:47 GMT
- Lines: 47
-
- In article <1992Jul24.161815.26091@brtph560.bnr.ca> kimmyd@bnr.ca (Kimmy Posey P920) writes:
-
- >Differing degrees of rape ??? What a thoroughly obsurd idea !!! No means
- >no. THAT'S IT ! PERIOD ! There is no aggrievating circumstance that lessens
- >the wrongness of rape. I don't care what some sap-liberal-lawmaker says !
-
- There are significant advantages to having (legally) different degrees
- of rape.
-
- 1) Plea bargins. These have a bad reputation but *most* of the jail
- time served for rape in this country is the result of a plea bargin.
- This, among other things, means lessened trauma to the victim in
- testifying and does result in jail time. Commonly these do consist
- decreasing a charge from, say rape to sexual battery (a lessor crime)
- and/or decreasing the number of counts of a particular crime. They
- result in jail time in cases which might otherwise result in traumatic
- (for the victim) trials and possibly acquittals.
-
- 2) Well there is bad, horrid, horrendus and inhumanly ghastly. I do not
- believe that someone who has sex with a woman who is too drunk to consent
- is nearly as bad as someone who secretly puts barbituates in women's food so
- they will become unconsciencious and he can have sex with them. Even this
- latter person is a saint in comparison to the guy who asked a fourteen
- year old into his house to pay him for lawn-mowing and then pinned him
- down and violently sodomized him the day the rapist discovered he was
- HIV+. Now, that is *not* a nice man but at least he did not repeatedly
- use physical violence and threats of death to force his 11 year old
- step-daughter, then living in the same house that he was,
- have sex with him and not tell, impregnate her and (contrary to a court
- order) seek out said daughter and follow through on said threats of death
- when he had been indicted for rape and she had been asked to testify. I
- note that in this last case I might have prefered a plea bargin as the
- only important element of the crime which was not proven without her
- testimony (e.g. by genetic tests on and the birthdate of their son) was
- the violence as it is in any circumstance rape to have sex with someone that
- young in Ohio and proof of violence was required only for a mandatory
- life sentence.
-
- I trust you will be glad to know that the latter three are all now in jail
- for a long, long, time with sentence increasing from I believe 15 years
- to a mandatory life sentence.
- --
- Rolfe G. Petschek Petschek@cwru.bitnet
- Associate Professor of Physics rgp@po.cwru.edu
- Case Western Reserve University (216)368-4035
- Cleveland Oh 44106-7079
-