Nigeria's Kaduna State passes law to castrate child rapists

[conuly]

I think we can all agree adults who rape children are scum, but this is still a bad law.

Because, of course, while we all think that Child Rapists Are Scum in the abstract, for a lot of people this falls apart when looking at specific cases. If the rapist in question is somebody's friend, brother, father, neighbor, a lot of people go like this:

A. Child rapists are scum.
B. Bill is a child rapist.
C. ABORT! BILL IS NOT SCUM! THEREFORE THERE WAS NO RAPE! (Or, if the rape is undeniable, then it doesn't count for some reason.)

This is true even when the survivor - or survivors! - are their own children or siblings.

As the article points out, rape is underreported in the region due to stigma. Typical, really. Adding this severe punishment isn't going to help. Instead, survivors are going to be assailed on all sides by people demanding to know why they want to ruin that nice man's life, especially if that "nice man" is a relation of some sort. Judges and juries are going to suddenly hold these cases to a super high standard of scrutiny.

What they need to do, rather than adding a new super harsh punishment, is focus on increasing reports and enforcing the law they already have.

Comments

[lilysea]

In Australian history [think: colonial times] there was a time when rape of an adult woman = death penalty.

The result wasn't less rapes, but less convictions for rapes, because [male] juries didn't want to sentence a man to death.

The historian who was writing about this noted that a 10 year jail term would have = more convictions.

[conuly]

The historian who was writing about this noted that a 10 year jail term would have = more convictions.

Of course. Anybody with any morals ought to be cautious about sentencing to a death penalty or life imprisonment, but ten years is something that both says "this is a serious crime" and that people can recover from if the conviction turns out to be a mistake. (And some percentage of convictions are bound to be mistakes even if the prosecution acts 100% in good faith. Though I'm sure that juries with women on them would've had a slightly higher conviction rate here.)

[readerjane]

Yes, and if the rapist knows he'll be executed in the event of a conviction, he's more likely to ensure no one can testify (i.e. kill the victim).

[conuly]

Yeah, there's that too.

[peoriapeoriawhereart]

Considering that a non-negliable portion of the Euro-Australians had been transported because that was a 'less harsh' punishment for theft than execution...

Scottish law held rape the only crime someone not of majority could be tried for as an adult.

[adrian_turtle]

In addition to everything you say about the problems of reporting a stigmatized crime like rape, and the general problem that increased penalties do not deter any crime nearly so much as increasing the risk of getting caught.

There is a common idea that a castrated man cannot commit sexual abuse. (It's like the appalling idea that cutting off a thief's hand is not simply torture, it's a practical way to prevent them from ever stealing again.) This ignores the fact that many sexual assaults, ESPECIALLY child molestation, are not related to lust so much as they are related to power or violence or exploitation. Someone with no dick, only a history of sexual violence, a massive grudge, and no respect for women...is not so safe as one might think.

[kengr]

Also, castration only removes the testicles, *not* the penis.

some eunuchs retain the ability to get erections. and if the guy can find a source of testosterone, then he definitely *will* retain the ability.

[kengr]

Also, ssome of the rapes are likely due to the "having sex with a virgin will cure AIDS" myth that is widespread in africa.

As noted. harsher punishments nothing but a way to make the populace happy that "something has been done". Security theater...


First, they need to find a way to get more rapes reported. Then they need to find a way to get more prosecuted. And then to get more convictions.

Most of all they need to educate people to get rid of the "rape is something creep strangers do" mindset.

[adafrog]

And don't forget those who are actually innocent. (shit goes down there at times)

[conuly]

Indeed, though to be clear (not that I think you need a reminder per se) just because the alleged perpetrator is innocent that does not necessarily mean that their victim was lying about the crime.

[adafrog]

True.
I'm just thinking about a friend's biography about growing up and working there. It was a survival, sometimes, of the craftiest. Literally. :(

Theatre

[nodrog]

But this is a sound-bite that shows they're tough on crime.  That's all it s meant to be:  A political maneuver.

[gwydion]

That;s what happened in Medieval England. They had the death penalty for rape, so they simply didn't convict people. Reconquesta Spain had serious, but lesser penalties and the highest conviction rate for al of Medieval Europe, by a lot. It was far from perfect. Survivors had to follow a sort of script, which is fucked up, but if they did the complaint according to formula, odds are the man would be taken and convicted, instead of the whole society conspiring to let him get away with it.

When I was a teenager, I had a friend who was in the foster system because her entire family turned their backs o her for accusing and testifying against her uncle after seven years of near daily assault. It's a real problem everywhere.

[silveradept]

Exactly that. The rate of convictions and prosecutions needs to go up, the penalties can stay the same, so long as the penalties are already appropriate for the offense.