While discussing about the legal system of a free society, we often mention private legal firms and jurisdiction to take care of petty criminal incidences along with hard core crimes that may occur in such a free society where there is no government or aggressive authority to suppress Individual Freedom.
However, I have found that most of the supporters of democratic governmental systems oppose the idea claiming that such a free system will destruct itself and individuals will actually lose any available freedom in absence of state ruled jurisdiction and policing system. Often they mention hypothetical examples of sexual offenses and oppose the idea that a sexual offender can actually remain free in a free society if he makes an agreement with the victim and pay the agreed amount of money as fine to the victim and corresponding private security firm/s to which the victim and culprit have registered.
They feel that it is an obnoxious idea because if such monetary penalties are allowed for sexual cries, then no rapist will ever attain any serious punishment as they will victimize poor girls and boys for their criminal lust. The poor victim, being poor, will opt to compromise for a handsome amount of money and will not demand any physical punishment or jail term for the culprit. Such opposition occurs because of the common biasness against sex workers. People often feel that prostitution or selling sex for money is bad or immoral and hence they feel it should be avoided. Now if in a free society, the rapist is allowed to remain free of punishment for meager monetary payments, then it would be a direct support to prostitution. If the rape victim accepts money for being raped, then it is no rape, it is simple prostitution.
It is hard to convince people about the moral soundness of prostitution. They won’t believe that sex is an art and sexual acts are art form. When a woman performs sex to fulfill requirements of a man or when a man perform sex to fulfill requirements of a woman, then they actually perform work and for that work, they are entitled to ask for payments.
However, there certainly is a difference between a rape case and a case of prostitution. A prostitute initially agrees for serving or entertaining man or men with her sexual art. Oh well, it is not necessary that every prostitute should be highly skilled in sexual art. Yet, she demands money for whatever sexual satisfaction she provides to her clients. On the other hand, a rapist is not a prostitute, she was never ready to be used for sexual pleasure by her rapist and at least she was not ready for that when she was being raped.
Since the rape victim is not a prostitute and she was not ready for being sexually used initially, she has a right to demand for a jail term or physical punishment for the rapist. What if the rapist doesn’t agree to accept physical punishment or jail term and insist for monetary fine? He may succeed in making a compromise with girl. If the girl accepts monetary fine, then she cannot say that she was being raped. If she accepts monetary payment/fine for being raped, she is no different than a prostitute. I guess any woman will accept monetary fine for being raped rather than forcing physical payment or jail term for her rapist.
Impostors of fake morality may oppose my guess, but the real life supports my idea of accepting monetary fine or punishment for rape victims and allowing rapists to remain free. Recently, the Supreme Court of India allowed three rapists to enjoy freedom and removed all charges against them after they won an agreement with the rape victim who asked for monetary fine from culprits in place of prolonged jail term for them.
The rapists were initially awarded with a jail term of 14 years. Justices Markandeya Katju and Gyan Sudha Mishra maintained the conviction of the three rapists and said that the sentence of 10 years stood reduced to three-and-a-half years, the period of imprisonment already undergone.
The court further directed the convicts, who had raped the victim in Ludhiana on March 5, 1997, to pay a fine of Rs 50,000 each. Now since the three rapists have already suffered three and a half years of jail term, they have been freed.1
I don’t think anyone will now criticize the poor rape victim who appealed in the court to reduce the jail term for her rapists and to allow her to take monetary fine from each of the rapists. Obviously, it was her right and she made good use of it.