Gang Rape / Rape

[dilkadr]

Modern world is not the ideal world - so is its practices... Unfortunately, we have to spend given time in this world before we moved to next world i.e. janat

 

[abdunnur]

Uh... I kiss knowledge of safiuRahman!
I have problem with my english, and did not sure did I understand you well.
You said...same treatment for -zina and rape-?!
I can not understand and cant accept it. But, if I be sure that is islamic rules I will accept.
Zina is when two persons -want. Rape is when one person attack to other, and use power, strenght, bit, hit, violence...
In -zina- persons enjoy, in -rape- 1 person suffer, have trauma...
How can be same, how can be treated of low -like same?
selam

 

[abdunnur]

Selam Dilkadr!
Yes, all of muslims know that no absolute justice here, in the Earth...
But it is no answer for everything, sometime we must try to get answers Here. How I see you are from Pakistan. I dont accuse you for anything, and you are not guilty for happening in your country...but...
Do you have an idea what muslims should to do to try stop violence to woman in your country? I dont recommend agressive demonstration, but i think, muslims there must take it serious, speak about it and call(invite) progressive -forces- from other country to make pressure to goverment to punish and stop -cuting part of face, and acid attack. Violence is everywhere, but problem of Pakistan is goverment and judgement. When life of a girl or woman be destroyed -it is normal familly relationship-!
And muslims prefer silence!

 

[north_malaysian]

personally, i think rapists should in turn be raped by gay men seriously and then they should be executed

gay men? I dont think Islam allows that....;D

 

[Z-Blade]

:salamext:,

I say BURN the ANIMALS ALIVE!! BUurrn THEM!! Only kidding, we're not allowed to burn people alive as a punishment ASTAGHFIRULLAH (unless if someone murders someone this way then you can do it to them or something).

Stone them to death or whatever Allah has ordained as a punishment for these beasts. It's an insult to call them animals, animals would never do this, they are lower than animals and lower than DIRT.

:salamext:
I know someone who was gang raped when she was 13 years old. She is now 29 mashaAllah.

I was only 6 years old, so I didn't know until recent years when she told me. The men that did it to her didn't even get punished because there was no evidence placing them at the scene except for her word. They did barbaric things to her and I believe she would of been a completely different person if that didnt happen. She grew up on drugs.. left home when she was 14, did only Allaah knows what... she is non-muslim btw.

The scummy men who do this to women deserve to be executed.

:wasalamex,

Subhanallah! Indeed they should be put to justice in the harshest way.

personally, i think rapists should in turn be raped by gay men seriously and then they should be executed

gay men? I dont think Islam allows that....;D

LOL yeah then we'll have to execute the gay men for sodomy straight after ;D.

Wassalam.

 

[doorster]

Well said, I always tend to put myself in the person shoes, Subxanallah!

Islamically their punishment is death and is so for a reason and Allah swt knows best.

I am not even going to bother looking at it from the rapist view (unless he is mentally ill), people dont realise the affect it has on people, it ruins a person life simple as.

Personally I wouldnt even killing them myself, but of course this isnt allowed so Isha allah the islamic law would take care of it.

May Allah swt keep us safe.

Jazakillah khair! well said,that is what would happen in a shariah state, however, some of us are not fortunate enough to be living in one thus have to make do with laws of lands where we live


....................................................................................................

<snip>

me iz wondering why this thread is being allowed to go on and on, is it to see who can come up with the most inventive idea ever posted?

 

[Woodrow]

In my opinion what a rapist deserves as punishment, I would not put into writing. If one of my loved ones were to be raped, the perpetrator would strongly desire to face the police rather than meet me.


Some countries and states do have what are lenient laws regarding rape. the logic being that a victim will be more prone to report it. many victims are kind hearted and will not report a rape as they can not bring themselves to report it knowing the perpetrator will be executed.

It can be a long debate over if rape is more common in countries with lenient laws or if it is just that it will more likely be reported in those countries and more likely to be unreported or hidden in countries with stricter laws.

It is harder to get a conviction if the penalty for a crime is death, then it is to get a conviction if the penalty is less. (in most countries)

Here in the States the punishment for rape varies from State to State. some States are lenient, some harsher than others.

For example what is currently taking place in Louisiana.

Kennedy v. Louisiana (07-343)

Oral argument: Apr. 16, 2008

Appealed from: Supreme Court of Louisiana (May 22, 2007)
CRUEL AND UNUSUAL PUNISHMENT, DEATH PENALTY, NON-HOMICIDE

A Louisiana jury found Patrick Kennedy guilty of aggravated rape of his eight-year-old stepdaughter under Louisiana's aggravated rape statute. This statute provided a sentence of death for the rape of a child under twelve years of age. After finding aggravating circumstances, as required by Louisiana law, the jury recommended that Kennedy be sentenced to death. After the Louisiana Supreme Court affirmed his conviction and sentence, Kennedy petitioned the United States Supreme Court to invalidate the sentence on either of two grounds: first, that imposing a death sentence for rape, where the victim does not die, constitutes disproportionate, and therefore "cruel and unusual punishment" under the Eighth Amendment; second, that the aggravating circumstances in the case-that the offender was perpetrating an aggravated rape and the victim was under twelve years old-merely repeated elements of the underlying crime and therefore did not sufficiently limit eligibility for a death sentence to avoid arbitrary sentencing. Kennedy's first contention asks the Court to revisit its decision in Coker v. Georgia, which invalidated, on Eighth Amendment grounds, a death sentence for the rape of a sixteen-year-old.

* [Question(s) presented]
* [Issue(s)]
* [Facts]
* [Discussion]
* [Analysis]

Question(s) presented

1. Whether the Eighth Amendment's Cruel and Unusual Punishment Clause permits a State to punish the crime of rape of a child with the death penalty.

2. If so, whether Louisiana's capital rape statute violates the Eighth Amendment insofar as it fails genuinely to narrow the class of such offenders eligible for the death penalty.

top
Issue(s)

Is it cruel and unusual punishment under the Eighth Amendment to sentence a person to death solely for the rape of a child? If not, does Louisiana's capital rape law nevertheless violate the Eighth Amendment by failing to providing sufficient narrowing guidance to juries concerning who, among those guilty of this crime, should be eligible for the death penalty?

top
Facts

The following facts are taken from the opinion of the Louisiana Supreme Court, State v. Kennedy, 957 So.2d 757 (La. 2007), and the Verdict, Agreement and Settlement of the District Court in this case, 2003 WL 2473647:

In 2003 a jury in the district court of the parish of Jefferson, Louisiana, found Patrick Kennedy guilty of the 1998 rape of his then eight-year-old stepdaughter. In line with the jury's recommendation, the court sentenced Kennedy to death.

The State had charged Kennedy with aggravated rape of a child under Louisiana's capital rape statute, R.S. 14:42 D.(2). At the time of Kennedy's trial, this statute made the death penalty (i.e., a "capital verdict") available for defendants who raped a child under twelve years of age. The alternative sentence was life imprisonment at hard labor without parole. The district attorney had sought the death penalty in Kennedy's case.

In the sentencing phase of the trial, the jury found two aggravating circumstances-the offender was engaged in the perpetration of aggravated rape and the victim was under twelve years old. A finding of at least one statutory aggravating circumstance is necessary before a court can impose a death sentence, according to a separate Louisiana law.

Kennedy appealed his conviction and sentence to the Louisiana Supreme Court. Among his sixty-nine allegations of error, Kennedy claimed that his death sentence violated the Eighth Amendment's prohibition against cruel and unusual punishment because it was a disproportionate penalty for a crime that did not result in loss of life. In its 1977 decision, Coker v. Georgia, the United States Supreme Court had struck down a death sentence for the rape of a sixteen-year-old on Eight Amendment grounds.

Kennedy also objected to the procedure Louisiana used to determine his eligibility for the death penalty-specifically, the means of satisfying the state's "aggravating circumstances" requirement. Both aggravating circumstances the jury had found had simply restated elements of Kennedy's crime. Kennedy said the procedure therefore did not sufficiently narrow the court's discretion to ensure that the death penalty wouldn't be imposed arbitrarily and capriciously.

The Louisiana Supreme Court affirmed the district court's conviction and sentence. It rejected Kennedy's claim that imposing the death sentence solely for rape was inherently unconstitutional, as a disproportionate penalty. The court reasoned that Coker had addressed only the rape of an adult. The Louisiana court also said evidence of public attitudes (which the U.S. Supreme Court looks to in determining sentences' proportionality) supported allowing death sentences for rape of a child.

The Louisiana Supreme Court said four states in addition to Louisiana had recently allowed the death penalty for such crimes. The Louisiana court acknowledged this number was small, but emphasized the emergence of a trend toward making rape of a child a capital crime. The court also looked at an increase in the availability of the death penalty for other non-homicide crimes, such as espionage and drug trafficking. Again, the court noted the trend was toward expanding availability of the death penalty for non-homicides.

Source: http://www.law.cornell.edu/supct/cert/07-343.html

 

[north_malaysian]

Stone them to death or whatever Allah has ordained as a punishment for these beasts.

And the victim should be the first person to stone them.

 

[north_malaysian]

Capital Punishment for Rape


Excerpts from The Malay Ideals (2002)

If serious crimes were meted out with stricter and harsher punishments, we are confident that their numbers would reduce dramatically. In Malaysia, serious sexual offences such as rape is strikingly on the increase. In 1985 there were 522 reported cases of rape and by 1996 it had more than doubled to 1071.[1], [2] A later study announced that 2.4 cases were reported daily in 1993 and the figure had risen to 4.1 in 1998. For every reported case there were 10 others unreported. i.e. every 1.7 hours, a person is raped in Malaysia.[3] Perpetrators of such heinous crime are even willing to kill their victims[4] to avoid identification and indictment.[5] Since June 1995 up until June 2001, 70 teens had been raped and killed.[6] School children within school compounds have been targeted.[7] Young children are not safe either.[8] Even the elderly are not protected from such terrible ordeal. Rape is even committed by university students[9] and police officers.[10] Incest is also increasing. Fathers rape their own children, brothers rape their own sisters. These rapists feel no remorse for their action.[11]

Under the Penal Code Section 376, offenders for rape can be sentenced to a minimum of 5 years of imprisonment and a maximum of 20 years. They are also liable to be fined or whipped up to 6 strokes of the rattan. The law also stipulates under section 289 of the Criminal Procedure Code that an offender above the age of 50 years be exempted from being caned in consideration of his physical condition.[12] The punishment for rape does not seem to deter criminals. The incidence of rape has not reduced in number. Regrettably it is on the increase.[13]

The fear of being discovered or detained is a big factor for a perpetrator to abandon his intention of a criminal act. If the criminal thinks that he will never be identified and get caught ¾ or very unlikely that he will ever be ¾ he will commit the act. If he thinks otherwise, he would not proceed. In other words, the perception of how effective the authority is at discovering the act, identifying the criminal, apprehending and detaining him, is a key factor that determines whether the crime is acted upon. The fear of being apprehended is a deterrent in itself.

The harshest punishment should also be imposed because this too is a source of deterrent in itself. It is in our opinion that in the case of rape, the assailant if found guilty and convicted, ought to receive the capital punishment. The logic for advocating this punishment is taken from the Shari'ah in accordance with hadiths advocating it for adulterers.[14] Although some may argue that the punishment of death to adulterers is not mentioned in the Qur'an and may even contradict the Holy Book[15] ¾ if we took the prescription of the hadith as true for the sake of argument, we shall see the relevance for advocating the death penalty for rape. It is known that in the case of adultery, according to stringent Islamic law as mentioned above, the act is punishable by death.[16] A person who willingly submits to having extramarital sexual relationship and dishonouring the marriage is condemned to capital punishment. In rape, the victim is neither willing and is forced against her own wish. Her life was also under threat. In most cases, the victim will suffer emotional and psychological disturbance and her sexual life will be affected considerably even if not throughout her entire life. Because of the inhumane nature of rape, the threat on the victim's life, the dire consequences it imposed upon the victim, and the nature of the enforced sexual assault, the form of punishment should be equal or more severe than the punishment for adultery. Therefore capital punishment is advocated for the case similar to rape.[17] However, statutory rape is a different matter. Statutory rape implies consented sexual intercourse of a minor with an adult. The classification of statutory rape might have to be phased out if a law that is to be more attuned to the Islamic Shari'ah is to be applied. This is because according to Islam, sex before marriage is prohibited. Statutory rape is still classified under adultery or fornication.

Even if we did not apply the death sentence upon a rapist, a harsh enough sentence such as the hundred lashes[18] ought to be instituted. In the case of incest, death sentence, is reasonable.[19] Currently incest is charged under rape but the government is amending the Penal Code in order to allow for a stiffer (minimum 6 years instead of 5 years as for rape) punishment in the case of incest and to categorise it as a separate crime to rape.[20] Incest is worse than any case of rape because the perpetrator is a part of the family where the girls and women depend upon to confer protection. But the very people they depend upon now victimise them. The psychological trauma must have been unbearable. A study have shown that in nearly half the cases of incest, the perpetrator is the victim's own natural father.[21], [22] The whole concept and nature of the family breaks down. There is no worse a sexual crime than incest. Worse still, the vast majority involve Malays.[23]

It should be noted that before the Hadd punishment can be imposed on the accused, there is a need to ensure that there is only the barest level of doubt concerning the culpability of the assailant. If possible, no doubt at all of course this is onerous to achieve. Nevertheless, Islam requires that four witnesses are brought to dispel any doubt because to impose such a punitive measure requires that the burden of proof lies at the higher level of "certainty". If there is any element of doubt beyond the barest minimum, then a less harsh a punishment should be instituted in place of the Hadd punishment.

In the case of fornication, even if the culpability of a fornicator is never doubted, at times it is better to be merciful. The Holy Prophet, in the few instances that such cases were brought to his attention by the perpetrators themselves, he (the Prophet) would prefer not to hear their case at all. It could be inferred from this treatment that the Prophet had wished the perpetrators to repent, and to cover their own shame. He time again, turned them away when they came to him for judgment. However upon their unrelenting insistence, the Prophet passed on the Hadd punishment.[24] During the time of the Prophet, not a single case of adultery or fornication was established by the use of four witnesses. All were based on confessions.

In the case of rape, a lesser form of punishment may be necessary because there is hardly a case whereby the victim can bring in four witnesses to testify to the crime. In the case of rape, this requirement is almost an impossibility ¾ even so in the cases of fornication. These acts are virtually never acted upon in full view of the public. If however there are other means of ascertaining the crime to the higher requirement of "certainty" or does not create doubt beyond the "barest minimum of doubt" such evidence as a medical examination that verifies the presence of the assailant's semen in the coital passage coupled with the evidence of forced entry (in rape) then the Hadd punishment may be instituted in place of a confession on the part of the criminal or the presence of four witnesses. Circumstantial evidence should be allowed and so is forensics.[25] However, if the criminal act can only be ascertained to the level of "beyond reasonable doubt" and not to the higher level of "certainty", then, a hundred lashes seem desirable as a punishment for the crime of rape as a deterrent under Ta'azir.[26]

Footnotes:
[1] Statistics from The Royal Malaysian Police, Sourced out from 'Shame, Secrecy and Silence : Study of Rape in Penang', Coordinated and Edited by Rohana Ariffin; Penang : The Women's Crisis Centre, Penang 1997 p 9.
[2] In the year 2000, the number of rape cases had increased to 1,210 (3.3 cases per day) and by 2001, the figure stood at 1,354 (3.7 cases per day) ¾ The Star 4 February 2002 "Cops : One murder, three rape cases reported daily".
[3] The Star 8 December 1999 "Rape Cases on the Rise, Says Study".
[4] e.g. the case of Noor Suzaily Mukhtar, a lady engineer who was raped, sodomised and murdered on a bus on October 7th 2000. School girls Farra Deeba Rustam and Nurul Hanis Kamil, also met the same fate on February 13th and July 3rd 2001 respectively.
[5] Reported number of rape victims in 1995: Malays (645), Chinese (139), Indians (97) Others (124) 'Table 3 : Rape Victim at National Level According to Race (1995)' The Royal Malaysian Police; Sourced out from 'Shame, Secrecy and Silence : Study of Rape in Penang' p 11.
[6] The Star 17 August 2001 "70 Teens Raped and Killed Since 1995".
[7] Even school children are not safe from rape, rape within school compounds Sunday Star 12 February 1995 "Rape Report Leaves Parents Very Worried".
[8] Young girls are lured, kidnapped, gulled and forced into prostitution.
[9] New Straits Times 13 April 2001 "Nine Students Held Over Gang-Rape" and The Star 27 April 2001 "USM Undergrad Charged with Raping Schoolgirl".
[10] The Star 28 March 2002 "Three More Cops Held for Rape".
[11] There is no longer the fear of God in the human heart. There is no longer taqwa (God consciousness). Faith, is deficient. Thus such crimes are prevalent.
[12] 'Shame, Secrecy and Silence : Study of Rape in Penang' p 114.
[13] Ibid. p 9.
[14] "Sahih Muslim Hadith (Abridged)" "Allah's Apostle (peace be upon him) said to Ma'iz ibn Malik: Is it true what has reached me about you? He said: What has reached you about me? He said: It has reached me that you have committed (adultery) with the slave girl of so and so? He said: Yes. He (the narrator) said: He testified four times. He (the Prophet) then made pronouncement about him and he was stoned (to death)."
[15] Holy Qur'an 24:2 "The woman and the man guilty of adultery or fornication flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment."
[16] Abdur Rahman I. Doi "Shari'ah: The Islamic Law" London : Ta Ha Publishers 1984 pp 244-246.
[17] Some advocate crucifixion as punishment. Mingguan Malaysia 27 June 1997 "Perogol Dihukum Mati" (Rapist Punished by Death) "Rape falls under the category of Hudud or highway robbery and punishable by execution or crucifixion, of the cutting off of hands and feet from opposite sides or exile from the land: Crucifixion is considered correct".
[18] See note above (24:2).
[19] The Royal Malaysian Police suggested the death penalty be imposed upon those who commit incest on victims below 12 years old "Perogol Dihukum Mati" (Rapist Punished by Death) op. cit.
[20] Utusan Malaysia, 26 July 2001 "Kanun Keseksaan Dipinda" (Penal Code Amended).
[21] "A study reported 48.8 per cent of incest are committed by natural fathers, 24.4 per cent step fathers" Mingguan Malaysia 27 July 1997 "Cadangan Polis Memang Wajar" (Police Suggestion is Fitting).
[22] Another study of reported cases of incest showed that in 1995 there had been (173 cases) of which incest committed by natural father was (62 cases) or [35.8 per cent], 1996 (200) (father - 65) [32.5 per cent], 1997 January-April (56) (father - 20) [35.7 per cent]. The study classified incest as rape by natural fathers, uncles, natural brothers, grandfathers, close relatives, step fathers, step brothers, brothers-in-law and distant relatives Mingguan Malaysia 27 July 1997 "Jumlah Kes Merogol Keluarga Semakin Meningkat" (Total Rape Cases on the Increase).
[23] "Cadangan Polis Memang Wajar" (Police Suggestion is Fitting) op. cit.
[24] "Sahih Muslim Hadith (Abridged)" "A person belonging to the clan of Aslam, who was called Ma'iz ibn Malik, came to Allah's Messenger (peace be upon him) and said: I have committed an immoral crime (adultery), so inflict punishment upon me. Allah's Apostle (peace be upon him) turned him away again and again. He then asked his people (about the state of his mind). They said: We do not know of any ailment of his except that he has committed some crime and he thinks that he will not be able to relieve himself of its burden unless the Hadd is imposed upon him. He (Ma'iz) came back to Allah's Apostle (peace be upon him) who commanded us to stone him. We took him to the Baqi' al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, clods and pebbles. He ran away and we ran after him until he reached the stony ground (al-Harrah) and stopped there and we stoned him with the heavy stones of the Harrah until he became motionless (he died). He (the Holy Prophet) then addressed (us) in the evening saying: Whenever we set forth on an expedition in the cause of Allah, some of those connected with us shrieked (under the pressure of sexual lust) like the bleating of a billy-goat. It is essential that if a person having committed such a deed is brought to me, I should punish him. He neither begged forgiveness for him nor cursed him."
[25] Holy Qur'an 12:26 He said: "It was she that sought to seduce me from my (true) self." And one of her household saw (this) and bore witness (thus) "If it be that his shirt is rent from the front then is her tale true and he is a liar!
[26] See note above on Islamic Jurisprudence for an explanation on Ta'azir.


Posted by Asrul Zamani at 7:37 AM


Source: http://asrulzamani.blogspot.com/2007/06/capital-punishment-for-rape.html

 

[Woodrow]

This thread has been up for a few days now. I doubt if anymore can be added to it. The conclusion and consensus seems to be the majority of us see rape as a heinous crime and the perpetrators should be dealt with to the full extent of the law, preferably sharia.

:threadclo: