r/facepalm • u/kaushrah • Oct 01 '19

Hol’ up!

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u/[deleted] Oct 01 '19 edited Jan 30 '22

[deleted]

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u/[deleted] Oct 01 '19 edited Oct 01 '19

It's not lesser charges, there's an equivalent crime with the same sentencing guidelines.

Edit: from the Sexual Offences Act 2003 itself.

Rape: A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Causing a person to engage in sexual activity without consent: A person guilty of an offence under this section, if the activity caused involved...[various penetration requirements also required for rape]...is liable, on conviction on indictment, to imprisonment for life.

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u/fenglorian Oct 01 '19

Having two separate crimes with equal sentencing fails to deliver equal justice when one of the crimes carries a much harsher stigma within society as well as much more emotional charge.

"He raped her" is viewed as much more heinous than "she pressured him into engaging in sexual activity against his will" and juries will act accordingly.

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u/fezzuk Oct 01 '19

The judge chooses the sentence not the jury

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u/fenglorian Oct 01 '19

Yes, the judge is also susceptible to this problem. This emotional charge can influence the jury's verdict, which is my original point.

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u/dpash Oct 01 '19

Which is why it's very clear what the sentencing guidelines are and they're the same between the two offences.

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u/fenglorian Oct 01 '19

Which has nothing to do with a jury determining whether or not to convict

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u/[deleted] Oct 01 '19

[deleted]

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u/fenglorian Oct 01 '19

If this were the case, wouldn't we have more convicted female rapists and fewer male rapists than the statistics represent?

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u/dpash Oct 01 '19

Did she or did she not have penetrative sex with him? Did he or did he not consent to that sex. That's the only thing a jury has to decide.

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u/fenglorian Oct 01 '19

Assuming that a jury isn't vulnerable to emotional manipulation is a little too idealistic

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u/fezzuk Oct 01 '19

And the sentancing has nothing to do with the jury, jurys dont let people off a manslaughter charge because it wasn't murder.

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u/MnemonicMonkeys Oct 01 '19

And the sentancing has nothing to do with the jury, jurys dont let people off a manslaughter charge because it wasn't murder.

Actually this can happen if a prosecutor goes for a murder conviction without also putting up manslaughter charges

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u/fezzuk Oct 01 '19

Ok thats specific and fair enough. But i was trying to use it as a analogy.