AIBU to have mixed feelings about this(7 Posts)
civil court case. i wonder if it easier to prove rape in civil case rather than criminal court . Ultimately im glad that the woman won, but it makes me sad that she had to take them to civil court
and they aren't in jail as rapists should be. It just really shows how rape/victims are let down in criminal courts, and i suppose by law in general. Maybe we should make it easier for victims to take their rapists to civil court, with exceptions for such cases so if they win even if the rapist was dirt poor, there was no time limit upon which to pay damages with a passport ban just in case. Do you think less men would rape if they thought that there was a high chance they may spend the rest of their lives financially paying for it? Im just musing. Clearly the current conviction rate/subsequent jail sentences are not putting off rapists.
I don't believe less men would rape because men that rape just aren't wired right imo and no amount of possible punishment would change that.
I think if your in the mindset that you want to rape someone your not going to think "oh but I might have to pay financially forever" and then not rape. Men that rape don't think like you and I because they just aren't wired right
OP, personally I don't believe the financial aspect would matter for rapists...even if it were possible to implement something like that.
Your post touches on the topic for motivation for rape, and punishment, and the probably of being caught.
With respect to punishment, and possibility of being caught ... the sad reality is the punishment in UK to VERY light, and the probability of being convicted VERY small. The system is very biased in favour of the offender. It is depressing to think about it ... However, there is no point in complaining on forums, people who are genuinely interested in this need to actively support the services/organizations that are looking to change that.
There are a few theories on motivation for rape, if you want to read on the topic search for
A Natural History Of Rape: Biological Bases Of Sexual Coercion
Men Who Rape: The Psychology of the Offender
for two different (somewhat opposing perspectives).
Personally, I am an strongly in favour of DNA database for criminals, mandatory chemical castration for those convicted, much harsher sentences, a system that encourages reporting, and education so that people fully understand/respect people's right and the consequences of no doing so.
End of rant!
I dont believe the ability to rape has anything to do with wiring. Boys are not born rapists.
Its sad she had to resort to a civil case, but I like the idea of making men think twice in case it costs them a lot of money and respect.
I imagine it is. You have to prove beyond all reasonable doubt in a criminal case, but only on the balance of probabilities in a civil case.
I don't think financial punishment would put them off.
The standard of proof is lower is a civil case. For a criminal case, you have to be sure that the defendant is guilty beyond all reasonable doubt. In a civil case, the question is whether, on the balance of probabilities they did something. That's just our justice system. It's much easier to prove someone did something on the balance of probabilities than it is beyond reasonable doubt. I do think that victims of rape (and of any crime) should be able to bring civil proceedings against the perpetrator.
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