InfiniteSingularity said:
I agree with you to some extent, but consider this: If you have ten rapists, plus one innocent person, remember that you also have ten innocent people (likely women) who have been violated and likely traumatised. A rapist that gets away with their crime is likely to reoffend, so you can assume that if you let them go, you now have 20 innocent people violated with rape. For the sake of one innocent's freedom I don't think it's worth it.
It's not very often I take the extreme utilitarian viewpoint - I generally don't believe in punishment anyway. And yes we are playing God - but is it better to harm one innocent person, or save that one person but potentially, and most likely, have another 10 innocent people harmed? I never usually agree with utilitarianism, but I strongly believe in this case it is the right thing to do.
But not only is this a punishment - it is disabling rapists to offend, and violate innocent people again, and a disincentive to after their ten year sentence is up. The next step would be castration of rapists - but I think that's a bit extreme even for me.
I think that our justice system, or in western countries at least, seem to see rape as being a "minor offence", possibly a result of most countries beginning largely patriarchal, and women have had to fight for their basic rights as individuals and citizens, and some women are still fighting today. Our male-oriented society doesn't get the severity of this offence, and our justice system doesn't take it seriously enough. I believe rape is a very serious and damaging offence - in some ways it can be worse than murder, and can be likened to torture for some people, in some cases. But offenders only seem to get a slap on the wrist, relatively speaking, for rape. And think we need to start punishing rapists in a much, much more severe way than we are now, so people can get the idea that this is not acceptable
We simply will have to agree to disagree on a few points here. I don't believe rape is worse than murder; ever; and no woman I have ever known believes that she would rather be murdered than rape. Murder is final. It. Done. Gone. Rape might be extremely hard to recover from, though it can be done. (And I won't go into details here but I have a bit more experience with this topic, and exactly how harmful rape can be, than you might think.)
Are some rapists under-punished? Probably. We'll agree on that point - I know what >>I<< personally would feel appropriate to do to a man who, say, raped my wife - but I also know that I am emotionally wrapped up in that case like that; far too much to be "just" since I would simply want "vengeance" .
Also, a point you seem to be overlooking; men CAN be raped and many ARE raped; by other men. It can be equally - if not more - traumatic for a man to be raped because a lot of the support systems in place for women who are raped just aren't there for men; like in the case of prison rape. Let's say a non-violent drug offender (or worse, an innocent man) gets raped in prison. I would have to say that men can understand how this is an evil, hateful, and dangerous crime just as well as women.
I don't think gender even needs to come into place here to answer the original question. It's not a matter of men vs. women on this; anyone can be raped and it's never a positive thing. The question, though, is would I feel comfortable punishing 1 innocent man to get 10 guilty ones.
And the answer remains, "No." I would not. Even if those rapists went out to commit other crimes. I wouldn't put 10 murderers away if I had to jail 1 innocent man, either. The crime doesn't matter in this case. Murder, rape, theft - replace "rape" with "murder" if it makes you feel more comfortable.
I *refuse* to send an innocent man to jail, even to protect others.