Ralph said:
One problem with this is that a lot of rapes are in a grey area.
I agree. The mere charge of rape shouldn't make one's blood boil. It's very easy to make the charge. "He raped me," or "I was raped," are cheap and easy phrases to use far too often.
That doesn't mean that real rapes do not occur. Certainly, they do. Nevertheless, morning after regrets also make for a lot of false charges.
While I'd have no problem seeing a sexual predator who rapes 10 year olds getting the death sentence......I'm thinking about situations where the "victim" is 17 going on 25 and is anything but innocent.
This isn't directed at you so much, but your remarks here remind me of my experience with others, including defense attorneys who should know better. I'm amazed at how often people assume we mean "statutory rape," as in sexual intercourse with a girl deemed too young to give consent, whenever the word "rape" is used. Rape is much broader than that one circumstance. It also covers nonconsensual sex where force is used against the woman or where she is incapable of giving consent, such as when she is drugged with the so-called "date-rape" pill, for example.
There's a fine line sometime between consent & rape and I'm not sure if would we should be too eager to deal out death in some of these cases.
Absolutely. Just two weeks ago I finished trying a rape case to a jury and my client was acquitted. He was charged with Rape in the First Degree of a woman old enough to consent, but he was still facing a real possibility of life behind bars.
The defense was that the sex was consensual. Despite the police, the DA's Office, and the grand jury believing that this was a rape case and my client deserved to spend the rest of his life in prison, the twelve jurors who heard the case at trial decided unanimously that there was consensual sex between the defendant and the alleged victim. Thus, there was no crime. Not guilty was the verdict. Rest assured, the two assistant DAs who tried the case were certain that my client was a rapist and was going to rot in prison. Instead, he is back home and going to his job again. What a fine line there is sometimes.
It is so easy to be accused of a crime. Being accused does not mean one is guilty.
It is far too easy to slip into vigilantism, especially when someone close to us makes a charge of a serious crime. It is best to let the legal system handle the matter. Otherwise, we would live in a wild west frontierland of "justice" by the gun. I seriously doubt that anyone calling for death in this thread really advocates that.
AS