Tuesday, April 17, 2018

Rape and Punishment

Lot are demanding death for rape. My disagreement very similar few years ago and now even more entrenched. I will take as read all abuses and questions if my near and dear one was raped as ‘read’. If you have any substantial counterpoint let me hear.

Is rape part of biological phenomena? Answer seems to be yes.
Being a biological phenomena, should rape be considered good? No.
Not all biological phenomenon are to be considered good. Premises so far.

The society should put a punishment so severe, on to the rapist that it acts as a deterrent. However, a deterrent does not always stop all crimes. There are studies supporting a link between sexual assault and fertile phase of menstrual cycle of women.

Hormones and odour play a role that is not clearly understood by either the victim and the aggressor. Nor are they in control of. Woman is not same in fertile phase of menstrual cycle as she is in non-fertile phase
I am becoming aware of the pressure to sound ‘politically correct’ as people will judge how it is being said than what is being said. But ignoring for the present.

We can base our common ground as
1.       Rape is a heinous crime and women are the target barring exceptions. It has roots in biological evolution but that does not make it acceptable.
2.       Rape occurs to women when they are fully aware of it and actively resisting it as well as to women partially or not being aware of it and succumbing without resistance or participation, sometimes aroused by it also.
3.       The state of women is not uniform during rape. It varies depending on various conditions.
4.       Rape is heinous crime but as a biological phenomena, society should impose a smart deterrent that understands how human minds make decision.

Biologically women are targets. Debate as much as you want and such seems to be the nature, Price of belonging to that special gender.
 Instead of focusing entirely on preventing it, focus also on bringing back women victims to normal life.  
This includes child victims. Nature is extracting a price from them and while we do all we can to prevent and punish the crime, if once happened, it is important that the victims carry as little scar as possible. But scars, they will carry.

Covering myself, I guess sufficiently, to prevent attack from politically correct planks, let me get to the subject:
Why we should have lesser punishment for rape and more from murder.
“The anchoring effect is one of the most solid tested phenomena in the world of experimental psychology. Daniel Kahneman and Amos Tversky carried out a good number of experiments, which conclusions you can find in the book Thinking, Fast and Slow.”

It is a cognitive bias which takes place when we consider a particular value of an unknown quantity before estimating such quantity
The value we have considered or that have been shown to us before, strongly determines the estimate we are going to make, which will always be relatively close to that previous value, which is called the anchor.
Let us see the options available to a rapist after a rape has occurred. I am assuming, rape is mostly escalation and not a planned, cold blooded crime. Many factors that are not understood by either party play a role in that escalation.
I baseline with one time rape (later multiple rapes of same person) of an adult.
After the rape has occurred, when the gravity of the situation descends on the criminal and victim, I assume the retribution for the crime will descend on the criminal. More so if the victim is still in a state of resisting.

Possible outcome:
1.       Victim does not complain and crime will go undetected – Best outcome for the Rapist
2.       Victim complains – Rapist is punished.
If punishment for rape is ‘death’ I think the anchoring effect will play a role.
Remember, now the Victim is in complete mercy of the rapist. Physically, locationally..
If the rapist thinks:
What is the punishment for my crime? Answer: Death
What if I make the evidence go disappear? Answer: Small chance of not being found out. Dead don’t speak
What is the additional risk? ZERO – None. I pay nothing and the crime may end up as unresolved.
Possible postive outcome. Price is to be paid by victim.

Making punishment for rape same as punishment for murder incentivizes the rapist to opt for the latter as it deludes him into thinking latter offers a better pay-offs.

If your objective is restricted to punishing the rapist, ask for death. If objectives include the lives of rape victims, don’t
Making it X year RI gives the victim, who at the time of rape is fully at the mercy of the rapist, a better chance to survive and live.
Few of the rapists will opt to take a chance with punishment. Those few lives are too precious to be lost.
Few of the rapists may opt to kill instead and those few lives are too many to lose.
Do not tag this to #Journalists. I am fully convinced it will overload the only working part of their brain – Amygdala
When repeated rape occurs due to position, coercion and blackmail.
Make the punishment 14 years and monetary compensation so high that the rapist will have nothing left when they return from jail
Murder in such case is death and monetary compensation.

In the case of child, if the child rape, a death sentence is even more counter-productive. The case is mostly found out by others in the home as the child is too confused to narrate, if it survives the attack. If the child survives, make the punishment severe, say 20 years and monetary compensation as stringent as possible.
Those rapists who blame the victim for rape will easily justify murder-option, as she asked for it and I will die for it. So let her also be punished as much as I get.

If one victim is saved because the rapist was incentivized not to kill her, worth keeping the punishment for rape not same as for murder
If one victim is killed because rapist thinks he can be punished no more, death for rape is not worth it.

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