Monday, January 21, 2008

How Should a Rapist be Convicted?

Rape is one of the most unlawful crimes in U.S. The punishment for rape depends on where it took place (which state), the age, and whether or not it was statutory. What I believe is unfair, is that many people who are convicted as rapist end up serving a few years, or a year at the least, to a crime that will haunt the victim attacked for the rest of their life. When these convicts are let free, many continue raping others, because they have not learned anything from their short stay in jail.

In California, the age of rape for, “Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony.” And the punishment for this terrible crime is only, “Up to one year in a county jail or by imprisonment in the state prison for two, three, or four years.” I think that the punishment is completely unjust. If someone commits an act of rape, no matter how old either person is, the time in jail for the rapist should be at least 20 years or more. If the rapist was to be let free after even ten years, I would not be surprised if the rapist committed another offense, because he would have clearly not learned anything from his short stay in jail. And secondly, many victims of rape are and will always be in a state of trauma and fear from their attacker. If the victim knows that her rapist is loose in the streets, it will only cause more stress and panic to the victim who fears that on any given day her attacker could once again harm her. If the rapist is released after one year in jail, I am certain he has not learned his lesson, and will commit another crime.

In Michigan, the crime for, “First-degree criminal sexual conduct is sexual penetration with someone under age 13,” is the penalty of life in prison. For this, I certainly do agree with the law. However, in Minnesota, this same crime has the sentence of only 30 years in prison. It seems entirely unlawful that you can be in one state and be raped in the first degree, and have your rapist be imprisoned for 30 years, while if you were in a state similar to Michigan‘s laws, your rapists would be in prison for their entire life.

I believe that each state should be ruled by a punishment that fits the crime, and not one that varies in each state. The crime of rape is one of the most serious crimes, and it should not be viewed as a minor penalty.

6 comments:

Adub91 said...

Good Post Orly,

but i noticed that when you concluded your post, you mentioned that the crime should be punished based on severity, or something of that sort...

The reason why having all these states use the same types of punishment can track back to when America was first made. States back then were very independent in their ways, and would not want to be like everyone else. Also, think about it this way. In certain states, street fighting is much higher then robbery. If that is the case, then why should there be laws cracking down harder on robbery when the bigger problem is street fighting.

teddie said...

Hi Orly!
I agree that rape is a very serious crime. I also agree that the crime will stay with the victim for the rest of their lives. Good blog

david said...

Hi orly. I really liked your blog. I agree with you when you say that the punishment of rape in the first degree should be life in Prison. I also agree with you when you say some states take rape to lightly.

afox said...

Orly,

I totally agree with everything you said. I wrote about the same thing in my blog, and as I was writing I kept thinking of more and more things and realized that punishments for rape in many places is very unfair. If a person rapes somebody I beleive that they should be locked, at the least, and for a very long time.

samantha said...

Well put Orly! I definitely agree with you that the punishment should be the same in each state or at least a reasonable guideline. I also want to mention that you said “if the victim knows that her rapist is loose in the streets, it will only cause more stress and panic to the victim who fears that on any given day her attacker could once again harm her.” However boys/men are often victims too. By the way, out of curiosity what is your take in regards to punishment on abuse etc. without intercourse?

Ariel Halpern said...

That was a great analysis and explanation of rape. It is really interesting to see all the rules and regulations for rape. Considering that, unfortunately, rape is a common occurrence in our day and age, its important to know all the facts. The sentencings and problems that come from these types of cases are really quite interesting, and you have really helped me understand to a clearer extent.