Aggravating

Spain can’t figure out what its sex crimes laws should be. The penalty for murder is 15 years, which means that the penalty for rape should be less because rapists just kill victims otherwise. But the public gets angry if the penalty for rape is not high enough, so the courts come up with aggravating factors.

One aggravating factor is rape of somebody you previously had a relationship with. This means that sex games within relationships can potentially receive a longer jail term than stranger rape. I don’t get it at all. It’s like when in the US being drunk while committing a crime is a mitigating factor and not the opposite like where I’m from.

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6 thoughts on “Aggravating”

  1. Spain’s problem is still Franco (and the civil war which they’ve yet to get over).

    Since the old reptile’s death, successive governments have tried to be as un-Franco-ish as possible but have long ago reached the point of diminishing returns and if they don’t pull back they’re likely to end up just fueling a neo-Franquist resurgence….. oh wait they already have! (see recent success of Vox)

    15 years for murder is ridiculous – it needs to be massively increased (at least 25 years, maybe more) so they can realistically recalibrate other sentences.

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  2. Hmmm… what do you mean by sex games within the relationship that could be confused with rape? I have some ideas, but in general issues like that are resolved by establishing a safeword, communication beforehand, things like that…

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    1. I have a friend who experienced spousal rape for well over a decade. She was the breadwinner, could have walked away at any time but…. It’s still a horrible thing, obviously, but I don’t see how anyone can think this is worse than being attacked unexpectedly by a stranger.

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