'Rape should carry a mandatory life sentence' - Herald article, Neil Mackay

It may be the case that some rapes occur because not all men understood consent but are capable of learning.
I'm not sure mandatory life sentences for rape are the right answer because of the various concerns already expressed. Longer sentences with rigorous tests before being allowed out under license might help?

This has always been my concern too.

Yes that is my concern too.

Interesting point. A life sentence is still different from a death sentence, in that it's reversible (to some extent, I know not completely), if further evidence comes to light.

But I see MrsTerryPratchett notes there is already evidence that harsher sentences make it less likely to convict.

Sorry, but I do not agree that rape should have a mandatory life sentence.

I dont think once a rapist always a rapist. That just feeds into the old trope of some men can’t control their urges.

I don’t think it should be conflated with murder, because that as a pp also said, brings up the patriarchal view of rape being a fate worse than death or as bad as death and links a woman’s value to her sexual purity.

My biggest concern about this is that if the penalty for rape was the same as that for murder a significant proportion of rapists would actually be encouraged to murder their victims because a) they'd be no worse off and b) given that their victim is silenced they are potentially better off.

Yes, the focus should be on the prosecution of rape. That is the big weakness in the system currently.

This. There is good evidence that harsh (I know it's not but bear with me) sentencing for offences makes conviction rates fall. Particularly with an offence like rape where there is already an issue with perception of victims.

What it needs is proper monitoring after release. And actually, it needs a really good look at whether the current system is any good for sex offences. A jury system with 'beyond a reasonable doubt' as the burden doesn't work. Specially trained, three judges, somewhere between balance of probabilities and beyond a reasonable doubt? Women being able to lodge complaints without fear and that being taken into account when men are accused? Letting juries know if there are several prior convictions. There's ways of doing it.

I can't read that, but does he mean all rapes? Does he think that every rape should be punished in the same way? I can't agree with that. I also don't agree that no rapist can learn not to re-offend.
I don't believe that rape should be equated to murder, either. It's reminiscent of the view that a woman who has been raped is better off dead.

Unfortunately this would be a likely side effect.

I agree with him, but rape convictions are low enough as it is....

I wonder, though. Is the risk that there would be even fewer convictions with harsher sentencing?

Thank you for sharing this excellent piece!

I've come around to this view over the last few years, too. I hope it gathers momentum in policy-making circles.