Rape sentencing America - rehabilitation vs punishment

[Felascloak]

I've just read an article about a US college student who raped a semiconscious student at a party. He received a 2 year community sentence and 20 years on probation because the judge thought prison would not rehabilitate him.

www.huffingtonpost.com/entry/austin-wilkerson-boulder-rape-prison_us_57abb86ce4b06e52746f3b22

This reminds me a lot of the recent Brock turner sentencing.

I'm not sure in cases as serious as rape that "rehabilitation" should be given a higher priority than "punishment".
Also surely such a light sentence works against rehabilitation by sending the message that rape isn't serious enough to result in acustodial term (I'm pretty sure this only applies to white middle class rapists though)
Very glad I am not living in America

[anyhue]

Here are two other facts that must be considered when people discuss punishment and rehab options. These comments on based on material/books I've read in the past.

1. There is a VERY high repeat offense rate for rapists.
   

Sex offenders in the Sample and Bray study had 1-year, 3-year, and 5-year rearrest rates for any new offense of 21.3 percent, 37.4 percent, and 45.1 percent, respectively.
www.smart.gov/SOMAPI/sec1/ch5_recidivism.html

These numbers are much higher in reality, since these are the ones caught again (most rapes unreported, most rapists not caught).

1. Many rapists are serial rapists. I can't find the source now, but even rapists with a single conviction typically have MANY victims
   

In summary, sentences should be MUCH more severe.

[venusinscorpio]

What exactly is wrong with punishing someone, proportionately, for committing a violent crime? It's not just about them and their "rehabilitation" back into society, it's also about justice being done for the victim. If you can't do the time, don't do the crime.

[SenecaFalls]

I agree. And I'm not very optimistic at all that men who abuse women can be rehabilitated.

[BungoWomble]

The problem is context. In the American system I expect this is more to do with sexism and not thinking rape is important than anything else. Outside the US, I sympathise with the need to punish, but the fact is that Finland has a legal system focused on rehabilitation and they have the lowest re-offending rates in Europe. If you google Finnish legal system rehabilitation there's a lot of information. I don't know how they handle rape though.

[SenecaFalls]

In the American system I expect this is more to do with sexism and not thinking rape is important than anything else.

As I said earlier, average sentences overall are about the same as in the UK. I do think that there is a sense among a significant number of people in the US that campus sexual assault is somehow different because of alcohol, partying and perhaps sexual experimentation. There's a high level of victim blaming. I think that some of these lighter sentences reflect that sense. It's an unfortunate state of affairs, but one that a significant number of people, in private and public life, are working to address.

For anyone who has not seen it, I recommend the documentary The Hunting Ground which has brought a lot of attention to the issue. Here's the trailer:

[Bitofacow]

"power I would be fascinated to know sentencing for rape broken down by gender, race, income/economic status/class. "

Indeed. If this crime had been committed by a black man what would the sentence have been?