U.S. Mandatory Prison Sentences, For Everyone Except Rapists

Former U.S. Senator Todd Akin, Photo Courtesy of Flickr/Chris

Former U.S. Senator Todd Akin, Photo Courtesy of Flickr/Chris

UNITED STATES - Americans tend to view the social deficits of other countries from a position of superiority. This precedence of acting as a moral arbiter sitting in judgment of rest of the world has become so prevalent as to seem deflective. A means to hide the necessity of dealing with systemic racism, sexism, and pedophilia which are a scourge upon our nation. However, these ills are not as obvious as abuses like China’s One Child Policy which officially ended earlier this year, but has not changed entrenched cultural norms which encouraged the killing of female children to make room for a possible male birth.

Or the practice of Leblouh (force feeding girls to make them obese) in Mauritania because men will not marry a skinny woman. Then, perhaps the greatest assault against a woman’s control of her body and sexuality, female genital mutilation (FGM). Because each of these practices are heinous it is easy to point to these abuses when judging those societies. In essence, the obvious barbarism of these practices overshadows the more pervasive, but pernicious abuse of women and girls in America through what has come to be known as 'rape culture.'

The 2016 presidential election has brought the systemic violation of women and girls to the nation’s and world’s attention. The sexism and misogyny of Donald Trump, the Republican presidential candidate was unequivocally exposed in an Access Hollywood show in which he was captured on tape vulgarly describing how he grabbed women by their genitals. He also described forcibly kissing women, trying to seduce a married woman, and lauding his ability to assault women because of his celebrity status.

On August 19, 2012, then Missouri U.S. Rep. Todd Akin who is a Republican, expressed an erroneous but entrenched belief about rape during an interview in which he was discussing abortion. He claimed among other things that doctors told him if a rape is 'legitimate' then the woman will rarely become pregnant. His comments revealed a deep well of victim blaming and shaming, while casting aspersions on the truthfulness of some rape accusers.

"Well, you know, people always want to try to make that as one of those things, well how do you, how do you slice this particularly tough sort of ethical question. First of all, from what I understand from doctors, that's really rare. It it's legitimate rape, the female body has ways to shut that whole thing down. But let's assume that maybe that didn't work or something. I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child." (KTVI)

In addition to being victimized by her attacker, in Akin's world a woman would be forced to bear the child of her rapist should she conceive. In essence, she will be victimized numerous times while trying to seek justice -- first by the rapists, then the justice system, the media, the medical community, and politicians.

This kind of ignorance and anti-feminist sentiment has manifested in repeated attempts to overturn Roe v. Wade as well as defund programs like Planned Parenthood which provides free or reduced services to millions of women who would not otherwise have access to HIV testing, mammograms, contraceptives, and other types of preventative screenings. This inherent sexism and bias has permeated our national awareness and elevated the discussion of women's rights, but in practical terms, has not resulted in any real change.

Trumps insult - “nasty woman” - hurled at Hillary Clinton, the Democratic presidential candidate during a debate best sums up what American women and girls have been increasingly subjected to these past few years. Increased levels and frequency of being verbally abused, sexually harassed and assaulted. Even Mrs. Clinton is delegitimatized on a daily basis by both the media and her opponent's surrogates by stating that if she had been running against anyone except Trump, she would have been soundly defeated.

On a macrocosmic level the attacks against Mrs. Clinton's stamina, looks, capabilities, sexuality, and domestic troubles, are equivalent to the treacherous waters through which average American women try to navigate on a daily basis. Women walk the delicate balance of trying not to appear aggressive despite being competent, of dressing down to avoid being perceived as provocative, and sometimes sublimating their intelligence in order to spare the ego of an insecure coworker or manager. 

At a microcosmic level, the rise of prosecutors refusing to bring charges against rapists, male judges belittling women and girls, casting aspersions on their testimony, and eventually dismissing the charges is alarming. In some of the more egregious cases women and the families of young girls who have been raped watch in horror as their rapists were not sentenced to prison terms as prescribed by the U.S.’s ‘mandatory minimum sentencing’ laws.

In fact, these violators, rapist, and pedophiles receive less time if any, than the mandatory minimum sentencing of Black and Latino men who have committed petty offenses such as selling minuscule amounts of drugs, or have been convicted of other non-violent crimes, but receive life-sentences.  Ava DuVernay’s documentary “13TH” brilliantly illuminates the injustice of mass incarceration within the context of race and poverty, and the economic incentive the enforcement of mandatory minimums on this demographic group has created.

The disparity between the prison sentences handed down against the aforementioned group, versus those given to sexual predators, many of whom are white and male, is inequitable in the extreme. Trump, is the most high-profile sexual predatory, who despite being captured on tape discussing how he sexually assaulted women, has largely been exonerated by his supporters, while the women who have accused him of assault have been excoriated.

The double standard is the primary reason why so few sexual assaults are reported. Women who know that their lives will be examined with a fine-toothed comb, and that their lifestyles, mode of dress, career choice, and sexual history will be used to discredit them.

RAINN (Rape, Abuse & Incest National Network), referenced the Criminal Justice Systems Statistics, which determined that out of the 1,000 rapes, 994 perpetrators will walk free.  The American Prosecutors Research Institute, created a comprehensive document which listed the minimum and maximum sentences for all classes of rape. To understand the gravity of the human rights abuses females in America are facing, three cases are presented below, but they are just the tip of the iceberg.

Delaware state statute requires a sentence of “Life in prison [without] probation or parole if: the victim under 16 and is seriously injured.” This sentencing however, was not applied in the case of the wealthy du Pont heir.

"Robert H. Richards IV was convicted of rape, the wealthy heir to the du Pont family fortune was spared prison by a Delaware court in 2009. [.....] Richards is a great-grandson of the chemical magnate Irenee du Pont. He received an eight-year prison sentence [...] for raping his toddler daughter, but the sentencing order signed by a Delaware judge said "defendant will not fare well" in prison and the eight years were suspended." (Source: CNN)

Texas state statute requires a sentence for “Aggravated Sexual Assault in the 1st degree to serve from 5-99 years; $10,000 fine.” That you can violently rape someone and spend less than 5 years in jail or pay a $10,000 fine is reprehensible, but the latitude of the interpretation of this sentencing structure by the prosecutor worked in favor of the man who raped a 2-year-old girl.

"Thomas Boden, 29 raped his then girlfriend’s 2-year-old daughter in front of her 4-year-old sister in 2015. The crime was discovered when the mother came home to discover her baby crying and screaming that he had cut her private parts, and when she examined her diaper it was full of blood. Despite Boden confessing to the rape, the hospital confirmation that the child had been violently raped, and the DNA evidence supporting the assault, the prosecutor offered Boden, and “he accepted a plea deal of 10 years probation.”

Which meant that he did not have to spend any time in jail,” and was ordered not to have contact with the victim. As part of the deal, Boden will not be required to register as a sex offender.”  (Raw Story)

Montana state statute sentencing requirements for perpetrators who have raped a “victim [who] is less than 16 and actor is 3+ years older or bodily injury results, then 2-100 years and fine of up to $50,000”

On 4 October 2016 "Prosecutors recommended that a 40-year-old unnamed Glasgow, Montana man who confessed to repeatedly raping his 12-year-old daughter be sentenced to 25-years imprisonment.

Instead, it was reported that Judge John McKeon sentenced the perpetrator to 60-days in prison, “plus a 30-year suspended prison term […] as part of a plea deal with prosecutors. The man also was ordered to complete community-based sex-offender treatment and register as a sex offender.

Amidst severe criticism and a Change.org petition signed by 14,000 people demanding McKeon’s impeachment, he defended his decision by asserting that a psychosexual evaluation finds that psychiatric treatment “affords a better opportunity for rehabilitation of the offender and for the ultimate protection of the victim and society.” (CBS News)

A discussion about the efficacy of treatment options for pedophiles has been demonstrated to be ineffective. According to Harvard Medical School, “Pedophilia, the sexual attraction to children who have not yet reached puberty, remains a vexing challenge for clinicians and public officials. Classified as a paraphilia, an abnormal sexual behavior, researchers have found no effective treatment. Like other sexual orientations, pedophilia is unlikely to change.”

In all three cases, the justification given to support the ridiculously lenient sentences were in some fashion related to the judges' belief that they knew what was best for these victims, and this did not include punishing their attackers. These paternalistic rulings have become a major contributing factor in the larger problem of the ‘rape culture’ assailing our nation today.

A mother or father deserves justice when their child has been raped and they should not have to fight with the courts to have the perpetrator sentenced as prescribed by the law. A single-mother should not be judged as somehow complicit in her child’s sexual abuse simply because she finds herself in the unfortunate position of having to work outside of the home to support her family.

A woman who is raped should not have to justify her life choices, her sexual history, her mode of dress, or anything else that lawyers of the defendants use to discredit them. We cannot expect that the election of Hillary Clinton to the presidency will result in a reduction in sexism, misogyny, gender bias, sexual assault or abuse, but her elevation will help to keep the issues of women's rights front and center.

A problem unrevealed will fester, but a problem uncovered is well on its way to potential resolution.