Actually, the jurisprudence problem is an international one, certainly. Anyone who knows the slightest thing about American jurisprudence knows that with enough money you can buy yourself acquittal for any crime. I’m sure that’s true everywhere, certainly in India. Also, if you are poor, once caught up in the system, your innocence is meaningless. You will be convicted of a crime, simply because you cannot afford to defend against it.
Throwing the death penalty into these sorts of systems is inhumane certainly, but so are the societies that create these kinds of systems, so at the end of the day it’s a loss no matter what you do. A crime as horrific as a gang rape that results in death, is so shocking and brutal and abnormal that some will want the death penalty as a viable option. For deterrence, to send a strong signal that such abnormal behavior will not be tolerated.
And yet, you seem to be saying this crime is not that abnormal; and that in fact another woman who was Dalit? (I don’t know what that is but I’m guessing a sort of minority in India) was raped in this way, and no one even noticed, so then your argument turns to, “we have to admit this is the kind of world we inhabit and not treat these rapists as if they are rare, because they are not.” You are right, but at the same time, this argument makes me want to vomit. When the normative behavior that you are seeking to fairly address is brutal gang rape, I pray that as an entire society there is some deep, deep reflection along the lines of what is happening in our society that allows such horrendous treatment of women? And if women are treated in this way, I cringe to think of what is happening to children.
I found this article to be deeply, deeply disturbing. I am disturbed in my soul, not only by the article itself, but also the responses to it. When I read the responses, it is clear that this inhumane treatment of people has become so normalized that people are fine to discuss this rather casually, if they discuss it at all.
I can appreciate that you have considered all of the ramifications of reporting versus not reporting rape, and your points are very well made. But the deeper point, which I think you fail to see, is how normalized rape becomes in a culture where there are no consequences for it; and the normalization of rape will lead to ever more brutal forms of it.
A world where brutal gang rape is the norm is a very sick one indeed; and even though India is halfway across the world, steeped in a variety of strange cultures I don’t even begin to understand, ideas travel…people travel and so I definitely feel impacted by this. God help us all.