Sorry, I don't think five years should be the minimum, not if you're a rapist.
Lock them up and throw away the key.
(Poppet some assembly required., Wed 18 May 2011, 11:04, 2 replies, latest was 15 years ago)

*points upwards* ^
it's not always black and white.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:07, Reply)

I understand that.
However, having been raped, and then told by the judge that I was a liar because I didn't immediately undergo a rape-test at the hospital afterwards, I have some very strong feelings which colour my opinion on this subject.
(Poppet some assembly required., Wed 18 May 2011, 11:09, Reply)

So he didn't ask you three times if you were sure?

(Bazongaloid, Wed 18 May 2011, 11:10, Reply)

Al mate, far too far here

( sporters I’m sincerely gratitude to you, Wed 18 May 2011, 11:11, Reply)

Nope. He was sober, I was sober.
he made a move, I said no, plainly, and he ignored me. It's not a funny matter. It's made a lot of things really difficult for me in the long term.
(Poppet some assembly required., Wed 18 May 2011, 11:12, Reply)

You absolutely have the right to strong opinions
my point is just why there has to be a low-ish minimum sentence.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:17, Reply)

it'd be nice if the minimum sentence actually got applied though,
It very rarely does here.
(Poppet some assembly required., Wed 18 May 2011, 11:19, Reply)

It does here
that's why it's a minimum. Obviously, though, most people get out in less for good behaviour.

I fully appreciate that it's very hard as the victim of a crime to see prison as anything other than a punishment and therefore to be angry if the sentence is low or shortened, but we are supposed to be civilised human beings not babarians and prison is not meant to be primarily a punishment, that's not really justice. People are released early for other reasons. Not that, I'm sure, that makes you feel any better.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:22, Reply)

See knife crime minimum sentence of 5 years - not

( sporters I’m sincerely gratitude to you, Wed 18 May 2011, 11:27, Reply)

It fucking well should be about punishment!

( Naked Ape call me Caitlyn, Wed 18 May 2011, 11:30, Reply)

why?
if it's solely about punishment than flog and/or execute everyone and BAM! well done, back in the middle ages.

A justice system is about rehabilitation, punishment, removal of risk of reoffending and remorse. All four matter in civilised society.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:38, Reply)

I didn't say solely
Sentences should be half harsh punishment, so no one ever wants to go back, and half rehabilitation so that they have the opportunity to not reoffend.

The removal of risk is important, but not in all cases as a person caught embezzling is hardly a massive threat!
( Naked Ape call me Caitlyn, Wed 18 May 2011, 11:41, Reply)

But,
What about all the really difficult cases in between though, like mighty badger set out above? Cases where the woman is so drunk she can't actually remember and actually, maybe the night before she did want to have sex with the guy she woke up with, but now bitterly regrets it and assumes she must have said no?
(Bazongaloid, Wed 18 May 2011, 11:09, Reply)

That is for the court to decide I think

( sporters I’m sincerely gratitude to you, Wed 18 May 2011, 11:10, Reply)

But the point is, in that situation, is the man as culpable as someone who hides in an alleyway
and then grabs his victim and rapes them.

I would argue quite clearly not. They may be in the wrong, but they are unlikely to present a long term danger to society, and as Swipey says, it costs a fortune to keep someone in prison.
(Bazongaloid, Wed 18 May 2011, 11:12, Reply)

if the min sentence was high
it would never even get to court (because a jury in that case would probably just acquit) and do even more damage to the rape reporting and convition rate.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:19, Reply)