I have seen a lot of people try to minimize the impact of the abortion bill recently passed in the senate. Of course, a lot of us think that the bill protects rapists. However, some think that it does not. They argue that there are judicial bypasses, and that the rapist will be forced to answer for his crimes one way or another.
Well, think again.
I have two arguments: factual and emotional. I'll get the emotional one out of the way first.
I think most of us can agree that the crime of rape is not about sex: It is about power and control. What this law does is give even more power to the rapist, and takes away even more control from the victim. Not only does he now have power over her body when he committing the crime, he also has power over her for the next nine months. She is now his property, even moreso than she already was. This bill puts complete control and power in the hands of the rapist, when the victim so desperately needs to make her own choices. For a survivor, one of the hardest things to get back is the sense of control over yourself. Many survivors are submissive and meek for years after in their struggle to find their own power and control again. This bill just makes that struggle even harder.
So, basically, this leaves the young girl in a tough situation: Does her father have even more control over her, or does she report it and seek judicial bypass? If she doesn't want the baby, she is forced to report. Imagine being 13 or 14, pregnant with your father's baby, and having to go tell a complete stranger that you have been raped. This stranger is intimidating to her, too, because he exudes power and authority. She doesn't get to make the choice about what happens to her: If she reports, the judge has the power. If she doesn't report, her father has the power. Either way, the choice is taken away from her.
Now, for the facts. People think that the rapist will get arrested and have to answer for his crimes if his daughter goes in front of a judge. Think again:
Only 42% of rapes are even reported, partly because of the things mentioned above, and partly because of the facts I will state below.
Out of this 42%, only 50% ever result in arrest. So, if these girls start reporting, only half of them will ever succeed in even getting their rapist arrested. Factoring in unreported rapes, this means that 79% of rapists never even get arrested.
So, out of the 50% that get arrested, 80% are ever prosecuted. Keep in mind that false reports account for only 2% of those reported. This means that of the 20% that are found innocent, only 2% of them actually are. 18% are guilty and walk free. Now, factoring in unreported rapes, if 21% of them are arrested (as stated above) this means that only about 17% of all rapists are ever convicted.
Now, out of those 80% that are convicted, there is only a 58% chance of a felony conviction.
Out of that 58% that receive felony convictions, only 69% spend even a day in prison. This means that even in reported rapes, the chance that the rapist will spend even one day in prison is only 16%. Let me put this another way. Even in reported cases, less than 1 out of every 6 reported rapists ever spend a day in prison.
When unreported rapes are factored in, only 6% ever see a day in jail. So, all together, less than 1 out of every sixteen rapists will ever spend a day in prison.
(Above statistics from rainn.org)
Now, what is the average sentence for these criminals? According to the US DoJ, the average prison sentence for those convicted of sexual assault was 72 months, of which only 45 was served. That was as of 1992. I know that amount has gone down since then, but I can't remember where I read it.
So, for stealing away decades of life from another human being, the rapist only serves 3 years. This is less than someone convicted of smoking marijuana.
If you think that the rapist will get his commuppance in spite of this bill, think again.