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The biggest error being made here is assuming that people are always nice little logical Vulcans, thinking through the consequences of every action, and then, after careful deliberation, commencing with action.
People aren't like that. The thought process that leads to rape is not, "I am horny. My parents beat me. I am mad at people in general, and I can slake my desires while compensating for my feelings of inadequacy brought on by an unhappy childhood by expressing sexual superiority over someone. The chances of my getting caught are such and so, and if I am caught, the chances of conviction are this and that. They won't try to kill me, and even if they do, I'll have years of appeals. I conclude that I can safely **** this little ****."
People have been threatening others with prison and death in retaliation for wrong behavior for a long time, but it clearly does not work. Proof is that Louisiana still has the problem. I'm willing to bet that if Louisiana passes that law, someone will get convicted and killed under it.
The solution is to consider why people actually behave the way they do, and adjust society in a way that minimizes the sorts of situations that damage people into becoming criminals. Of course, that means admitting that attitudes and thought processes used until now are wrong, and that is extremely difficult for many people to do. They'd rather go on looking for ways to justify their actions.
Frankly, I was horrified at some of the suggestions about what to do with rapists. Step 1: Declare them not human. That is always the road to more brutality instead of less. Stop it.
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