General Discussion
In reply to the discussion: #rapecultureiswhen Is the Perfect Answer to Everyone Who Denies Rape Culture Exists [View all]davidn3600
(6,342 posts)I'm sorry but the reality is that our society does not view the world in black and white. Our justice system does not view the world in black and white. Our system takes into account other things like premeditation, motivation, the situation, etc...
Say you have a blanket law that says anyone convicted of rape automatically gets 30 years in prison. Now you have a guy who jumps out of the bushes with a knife and totally and brutally rapes this woman in a very violent manner. Most people would agree this man needs to be put away for a very long time. Throw him in prison for 30 years. "He's an animal," people will say.
But say you have another situation where a young man and a young woman have too much to drink and they start making out and she starts yelling no and he forces himself on her. And the next day he's sorry. Is that rape? Yes. Should the man go to jail. Yes. Should he go to jail for 30 years like the other guy? Many people (including judges and prosecutors) might not think so. Why? Because society and the system doesn't view that rape equally as bad as the other rape scenario.
And it's the same with every other crime. Murder has varying degrees despite the fact a person has been killed. It's a horrible fact someone has been killed and murdered. But as a society we recognize the difference between a cold-blooded act and a murder that is a "crime of passion" for example. There is a difference in how that murder occurred. Should both murders be punished? Absolutely. That guy that did the crime of passion will spend time in prison...but he'll get out eventually. The man that did the cold-blooded killing may end up executed. Society recognizes a difference.
Feminists will be fighting a losing battle if they have a problem with this. Because our system and our society are not organized and designed to treat crimes in absolute black and white terms with no gray areas. Now maybe we need to change certain things about the system. Maybe college football players are not being punished enough when they rape a woman. Im certainly not closed off to having discussions about that kind of thing. Maybe we need to change the sentencing guidelines a bit. But there is no cultural conspiracy by the system to support or allow for rape.