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Feminism: Sex and gender discussions

Why isn't rape a hate crime?

162 replies

grimbletart · 13/10/2015 13:48

Just that really.
I was reading about the reported increase in hate crimes involving race, religion, disability, sexual orientation and transgenderism.

www.bbc.co.uk/news/uk-34515763

To be a rapist you really have to hate or despise women or you couldn't inflict such pain and humiliation on them.

I'm sure plenty of posters will come along and say I'm impractical, wrong, daft or whatever, but to me, as well as issues such as control, entitlement etc. rape really is a crime of hate.

So why not?

OP posts:
Mide7 · 17/10/2015 17:03

IMO it's not how the rapist is prosecuted that needs to change its the sentences given out that do. You can't have a harsher sentence than life, so adding the hate crime element wouldn't change maximum sentence.

BuffytheReasonableFeminist · 17/10/2015 17:09

This reply has been deleted

Message withdrawn at poster's request.

Italiangreyhound · 17/10/2015 17:11

Thank you Buffy.

Mide the sentence is not the thing, it is whether or not the rapist is put away from women he can rape, clearly here we can see NOT always, at least NOT long term, regardless of the sentence given.

squidzin · 18/10/2015 17:22

In America, the FBI include gender.

Sexual assault on someone because they are of a particular gender can be classed as a hate crime.
It needs to be proven that the assault took place as a "pure" gender-based hate crime, and not because of prior interpersonal relations between victim and rapist.

www.criminaldefenselawyer.com/resources/hate-crimes-laws-and-penalties.htm

slugseatlettuce · 18/10/2015 18:05

This reply has been deleted

Message withdrawn at poster's request.

Mide7 · 18/10/2015 18:26

I agree that it should protected to slug, seems strange that it isn't.

Elendon · 18/10/2015 19:02

Rape does not get life in prison. In fact some who anal rape might skip the country and get to make films and be lauded in their profession. And even get nominated for an oscar.

She was 12 years old and a girl. What's not to like eh?

Now had that person whipped someone within a slavery context...

infrequentposter88 · 18/10/2015 21:50

I don't think anyone would argue that the prosecution of rape is remotely acceptable in any way you look at it, conviction rate, sentencing or the support for victims- but is applying an aggravating factor as a blanket term to it really going to make a difference in a way that more convictions would?

Italiangreyhound · 18/10/2015 23:45

Is it honest to pretend rape is never motivated by hate?

infrequentposter88 · 19/10/2015 05:49

No it obviously isn't, so obviously in fact that no one has suggested that is the case on this thread ( as far as I can see).

As I have answered your question I would be grateful if you could answer mine.

scallopsrgreat · 19/10/2015 08:03

If we are just looking at improving conviction rates for rape then maybe you'd have a point infrequent. Although I can't see that defining rape as a hate crime would be detrimental either to conviction rates. It may also help get harsher sentencing.

However, in terms of removing the systematic oppression women face (rape being one of the tools of that oppression) then it would be a step forward and certainly more honest as Italian says about male violence towards women. Name the problem first, then you can do something about it.

Italiangreyhound · 19/10/2015 14:28

infrequentposter88 re As I have answered your question I would be grateful if you could answer mine.

Are you talking to me?

If so, is your question ...is applying an aggravating factor as a blanket term to it really going to make a difference in a way that more convictions would?

If so, my answer is - I don't know. I don't think it is an 'either or'. I don't think we say either we are (IMHO) honest and admit that rape and violence against women is sometimes (if not mostly) part of a wider picture of misogyny as part of patriarchy, which keeps women down... or we have more convictions. What if being (IMHO) honest about the extent of the problem lead to more convictions?

Does more convictions help women if the guilty men are let out early, if they have no help inside problem to address their aggression and violence. IF there aggression and violence were identified as being against women generally rather than against the specific women they chose to rape could the prison service not set in place a better way of rehabilitating these men (IF possible) to minimise the risk the female population on their return to society.

Let's take an example of a man who rapes and abuses his wife or parter or ex wife or ex partner. Is he doing that because of some intrinsic part of her as a person or is he doing that because that is how he relates to women and how he thinks of women and their value; perhaps how he reacts to any presumed provocation in terms of his own internal jealousy or fear etc etc.

If we think the former than we may think with a different women things would be different! Yet don't such men who beat up or rape or murder women, including their own wives and partners, often do so again if they get the chance?

Serial rapist rape many women, what do these women have in common, maybe nothing except that they are women.

Is this not a hate crime?

Is calling this a hate crime more or less likely to lead to detection and capture, arrest and prosecution and possible rehabilitation? If someone were out there murdering trans women would identifying that factor not lead to better detection? If someone is killing or beating up people who are members of an ethnic group does identifying this not help detection, does it not, in an ideal world, lead to prevention of crimes?

Why are we as a society afraid to identify these crimes against women but not afraid to identify crimes against any other individual group in society?

I am not asking any specific person these questions, I am just musing, but anyone who wishes to can answer.

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