Capital Punishment for Sex Offenders

Each day, each week we hear about a case of rape happening, the victims range from minors, women, or men. Sometimes even corpses, infants, and animals. The inevitable question that arises is how to stop these heinous crimes? The overwhelming majority of votes are for public hangings [as was showcased by the #hangrapists hashtag]. But statistical data proves that such punishments are not deterrents and the curve of the happenings of such heinous acts is still increasing. It then begets the question, what would be an actual deterrent for such crimes?

There are many countries where rape or CSA(Child Sexual Assult) criminals are given death penalties, either by hanging or by a death squad. This essay argues that only death penalties are not enough to stop the rampant growth of this repulsive crime and it sometimes may even end up with the accused killing their victims [this occurs mostly in cases with kidnappings]. The growing rape cases in the country cannot solely be curbed by brutal public hangings [capital punishment]. This essay argues how capital punishment is just retribution against the crime, which in cases ends up further traumatizing victims [of CSA].

If we look back at the Zainab case of 2018, where a minor girl in Kausar was kidnapped, raped, and killed, a nationwide uproar occurred where the people took the social media and the streets to show their rightful anger. The hashtag “hang the rapist publically” started trending, and that was exactly how the criminal met his end. But two years after this horrific crime hearing the news of another reported case is still tragically a norm. In September of 2020, a five-year-old child was raped, hit on the head, and set on fire. Her burned body was found by the police days after she went missing. On the 8 of October 2020, a two-year-old child was abducted, raped, and then killed in Chardadda, KPK. And these are just the reported cases.

Clearly, public hangings have not proved to be an effective deterrent. Research shows. The state can’t expect to only tackle the cases that capture the public eye and subsequent outrage and expect that it fully deter future offenders. The problem is in the mindset and the suppressed sexual frustrations of the offenders that lead to their heinous acts. To actually hinder such happenings the root of the predicament must first be tackled. The tribal system, the corrupt officers, the predatory religious clerics, as well as the heinous “two-finger test” which is an inhuman procedure the victims have to go through.

Strict retribution punishments also end up endangering the lives of the victims. The offenders might try to kill them as to not get reported. In a large number of cases, the offender is often a family member or relative. If say, the criminal was the victim’s uncle, they would be discouraged to report. because of the death penalty hanging over the accused’s head.

Some people think that death penalties would be fruitful deterrents if they were actually implemented, instead of just being a threat. A general observation can be made for every 10 cases we hear about rarely even one criminal is prosecuted and even less executed.

In the words of legal researcher and professor Prabha Kotiswaran:

“Certainty in implementation of the law in its letter and spirit is the surest way of securing the interests of victims. When laws are not implemented, there is a temptation to ask for more draconian laws that are implemented even less, because of the bad conscience this may give judges.”

According to a report by Sahil, an organization working for child protection, in the first half of 2020, as many as 1,489 children — at least eight per day — fell prey to sexual abuse. The victims included 785 girls and 704 boys. The report also showed that in 822 cases, the culprits were acquainted with the victims or victims’ family, while about 135 cases involved strangers.” (B Haider Blood for justice: Can capital punishment prevent child sexual abuse?)

Conclusion:

This essay criticizes the negative impacts of capital punishment but in no way or fact does it imply that it is morally wrong to subject the perpetrators to such a punishment. If a country wants to protect its citizens from the predators lurking in its midst. It must bring changes to the law that work from the base to hinder the perpetrators. These changes include the swift action of law enforcement to implementations of the laws already in place.

Citations:

· “ B Haider, Sarah. “Blood for Justice: Can Capital Punishment Prevent Child Sexual Abuse?” 23 Oct. 2020. Web. 15 Nov. 2020.

· S, G. Boodman. “DOES CASTRATION STOP SEX CRIMES?” 17 Mar. 1992. Web. 15 Nov. 2020.

· Sunstein, Cass R., and Adrian Vermeule. “Is Capital Punishment Morally Required? — Acts, Omissions, and Life-Life Tradeoffs Ethics and Empirics of Capital Punishment.” Chicago Unbound (2005). Print.

· Mantri, Geetika. “Death for Child Sexual Assault Is a Bad Idea: Pro-child Coalition to Rajya Sabha MPs.” The News Minute. 24 July 2019. Web. 15 Nov. 2020.

· Mancini, Christina, and Daniel P. Mears. “To execute or not to execute? Examining public support for capital punishment of sex offenders.” Journal of Criminal Justice 38.5 (2010): 959–968.

· Mancini, Christina, and Daniel P. Mears. “To execute or not to execute? Examining public support for capital punishment of sex offenders.” Journal of Criminal Justice 38.5 (2010): 959–968.