Key_Environment8179 t1_isxpiq0 wrote on October 19, 2022 at 1:50 PM

Reply to comment by noteveryagain in 'Superfly' actor Kaalan Walker sentenced to 50 years in prison for sexual assault by BusbyBusby

Punished, yes, but life in prison for one count of rape? That’s just retaliatory with no utility whatsoever. Locking them away for life and making them suffer like the victim did isn’t going to undo the damage they caused. The proper sentence should be enough to deter the violent conduct and rehabilitate the offender. It’s unlawful in this country for judges to sentence convicts beyond what is necessary to achieve those two goals, and for good reason. This particular guy probably needed 50 years, but such a long sentence would be patently absurd for just one count of any violent crime short of 1st degree murder.

noteveryagain t1_isyap6t wrote on October 19, 2022 at 4:15 PM

Tell that to the victim. The reason they make rape a lesser sentence is because a rapist is more likely to kill the victim if the penalty is the same as for murder. It’s strategic, not necessarily correct.

Person_756335846 t1_it00wka wrote on October 19, 2022 at 11:02 PM

As a personal matter, I think that the string of decisions in the US limiting the maximum sentences for rape are obviously wrong and should be overturned asap.

Key_Environment8179 t1_it05cl8 wrote on October 19, 2022 at 11:36 PM

Can you cite one? The only one that comes to mind was the one from 2008 that said you can’t get the death penalty.

Person_756335846 t1_it06q5n wrote on October 19, 2022 at 11:47 PM

Coker v Georgia and Kennedy v Louisiana, as explained in US v Briggs.

Key_Environment8179 t1_it07e7n wrote on October 19, 2022 at 11:52 PM

So you believe people should be executed for rape. Make the punishment worse than the crime. What the actual fuck I would bet everything I own that those cases will never be overturned

Person_756335846 t1_it08jb7 wrote on October 20, 2022 at 12:01 AM

There are a lot of procedural protections for defendants already. A jury of their peers has to vote unanimiously that aggregating factors outweigh mitigating factors beyond a reasonable doubt, with every aggravating factor needing proof beyond a reasonable doubt and each motivating factor requiring only a modest amount of evidence to prove.

The only serious argument against this is that the trial process for rape is too open to abuse, which is the same for murder… either way if that’s the case rape should at least be punishable with LWOP to allow exoneration if that happens.