I’m not convinced, like Penguin, that the legal system is the answer. I question whether or not any institution built upon a foundation of one human owning another human can be rehabilitated enough to be truly blind justice.
For me, it’s an uncomfortable position. I have legit doubts, but because it is what we have to work with I think that it’s worth a shot at rehabilitating justice rather than scrapping it altogether. To my mind, that should be an absolute last resort after all other efforts have failed.
I should point out here, in case it’s not known, that Penguin is British and I am American. So, while I thought the little ice birdie had some intriguing ideas in comment, I’m not sure how they would work within the current American system of justice. I cannot speak to the UK’s justice system because while I’m aware that our system was based in large part on theirs, I have only rudimentary knowledge and zero personal experience of it. Mostly what I know is what I’ve seen on TV which may or may not apply as it usually came from a historical reference or in the case of fiction may be subject to creative liberties.
So I’m only going to talk about America.
The way I see it, justice for rape has a few problems in this country.
In this country you are 100% presumed innocent until you are 100% proven guilty. That’s perhaps too high a bar when most rapes lack evidence and are committed by people you know. But if you were to undermine this bar, you would do so for all crimes and that’s not good. It’s there for a reason, it just doesn’t work well in the case of rape. Part of this difficulty dynamic is the trial by jury. The public at large needs to understand coercion and manipulation techniques to make sounder decisions here. That’s one of the reasons I’m for #MeToo. A better educated public will be less likely to fall for the promising young man who made a mistake routine, etc.
I would make funding available to build/expand a database of sexual offenders and test rape kits, and also to build an AI to anonymously monitor social media.
Stiffer penalties. No parole. You rape, you serve your whole sentence. 10 years minimum. A second conviction gets you castrated. A third gets you life.
Requirement to disclose to employers and fellow employees. It would go a long way to ending rape culture if we knew who the rapists among us were rather than anyone being suspect. I respect privacy rights but you give up the right to certain things when you violate your fellow American.
More civil suits and aide to sue. Bankrupt the bastards and then some. Bare minimum, they and their family if they’re a minor should be responsible for every financial cost associated with that rape for the rest of your life, including funeral costs if you end up committing suicide because of it.
Uniform legal code. The language, penalties, and definitions vary too much from state to state. The language needs to be clear, concise, and unbiased.
I’d do away with sentencing recommendations where a judge can be lenient. One sentence for everyone and again, no parole. You serve your time.
There’s some other stuff that if it were up to me I’d do in a heartbeat, because that’s what’s it’s worth to me to end rape culture. But most people would be appalled so they’re mostly not worth mentioning here. I will say automatic death penalty to traffickers and Johns who go overseas or out of country to buy sex from children and minors serve a rape sentence and forfeit your fortune.