From Courier Mail:
[Queensland Australia] PREMIER Anna Bligh has chastised Attorney-General Kerry Shine after he claimed some rapes only had a "minor effect" on women. Ms Bligh yesterday labelled the comments "insensitive" after Mr Shine apologised for the live radio interview about the number of convicted rapists in Queensland not being sent to jail. [...]
"You have to look at the various circumstance of each case," Mr Shine told ABC Radio.
"Some rapes can be of minor effect on the victim. Some circumstances can be of minor, some can be of major, damage to the victim. They do vary in intensity from time to time.
"For example, a digital rape is a technical rape but that is far less serious than an aggravated form of rape."
This man's statements were NOT insensitive, his words were truthful about why 23 out of 172 sentenced for rape or attempted rape in one year weren't given any prison time.
The only change that is needed to see the truth of this is in this modified statement with the ownership of views in italics:
"I look at the various circumstance of each case," Mr Shine told ABC Radio.
"To me some rapes can be dismissed as being of minor effect on the victim. Some circumstances can be dismissed as being of minor, some can be accepted as being of major, damage to the victim. They do vary in intensity for me from time to time.
"For example, for me a digital rape is a technical rape but I view that as far less serious than what I accept as an aggravated form of rape."
Shine's position is all about him. When he or someone else involved in sentencing doesn't get the severity of a particular rape then that rapist is likely to directly benefit from their lack of understanding.
Shine's explanation dovetails with what many people say when dismissing a huge percentage of reports of sexual assaults as false allegations where the "victim" has allegedly exaggerated what the alleged sex criminal did.
His explanation also dovetails with the thinking of most rapists who need to minimize the harm they do in order to justify their actions. Many a rapist has denied being such because, "there was no intercourse," or, "it was just my finger."
All sexual violence is serious and none of it should be dismissed through sentencing.
The only time a sentence with no prison or jail time might feel appropriate to me is when one of the conditions of a suspended sentence is no sexual or sexualized contact with anyone other than an identified partner -- and no sexual contact that the partner defines as coercive or by force -- during the duration of the maximum sentence so that any later allegations where the rapist would normally claim, "it was consensual," results in an immediate hearing and a quick transfer to prison.
If the defense is ignorance of the law or about a lack of consent then that person has one chance to learn about legal sexual boundaries.
Hat Tip: Blue Milk