What should the punishment be?

[Adelaide]

As a therapist would later confirm, Lucy's seemingly random voice loss was actually a mark of post-traumatic stress disorder (PTSD). Although we tend to associate the condition with battle-scarred soldiers, studies show rape survivors have more severe PTSD, and a harder time overcoming it, than combat veterans. While between 10 to 20 percent of war vets develop the disorder, about 70 percent of sexual assault victims experience moderate to severe distress, a larger percentage than for any other violent crime.

PTSD typically takes the form of nightmares, flashbacks, and feelings of guilt and shame that can surface right away or years after a trauma. But it can also manifest in physical ways, like chronic pain, intestinal problems, muscle cramps, or, as in Lucy's case, a paralyzed vocal cord. For 94 percent of survivors, symptoms last at least two weeks; for a full half of them, they persist for years, even decades—sometimes long after the victim thinks she has laid the ghosts to rest. Consider the women, some now in their sixties, still grappling with the effects of decades-old alleged assaults by comedian Bill Cosby. German researchers found a third of women raped during World War II had PTSD symptoms nearly 70 years later.

Any trauma can lead to PTSD, but sexual assault is a particularly potent cause. Although rape is, at its core, about power, sex is analogous with pleasure and connection. Violating that intimacy can shatter a victim's trust in all relationships, fracturing the bonds with family and friends that are critical for healing. And since 75 percent of victims are attacked by someone they know, every person they meet and every situation they're in can feel dangerous, making sexual assault difficult to cope with, says Ananda Amstadter, Ph.D., an associate professor of psychiatry and psychology at Virginia Commonwealth University.

Life after rape: the sexual assault issue no one's talking about - Women's Health


First, I am not too keen on comparing PTSD in veterans to PTSD in survivors, but I found it interesting that sexual assault is more likely to cause PTSD... the VA may be a total mess, but it does, in theory, have the funding to help Veterans (even if it needs a complete overhaul); whereas, sexual assault and domestic abuse centers are being defunded in a lot of places and there is not some version of the VA for survivors to seek help. So, psychologically, functionally, financially, sexual assault survivors may experience decades of issues related to their assault. The survivors from WWII are an interesting example, although you would have to adjust to consider the stigma associated with getting help for mental illness that would have been worse in the past.

So, the person who assaults or abuses another person may not take their victim's life in the physical sense, but decades of suffering and mental health problems and potential substance abuse problems and problems with forming relationships, and on, and on... what is a fair punishment? How many months or years of prison?

[Mister D]

Don't judges have some flexibility in that regard?

[Adelaide]

Don't judges have some flexibility in that regard?

There are sentencing guidelines which are fairly flexible. Remember the Stanford swimmer that got 3 months? Numerous factors count, including previous criminal history, evaluations, additional charges, so on.

It is not that uncommon to get a light sentence, especially with date rape (which is the most common). People seem to think of that as less traumatizing than someone jumping out of the bushes, but as the article says it might actually be worse long-term because of how it can impact relationships.

Few people seem to think about the long-term consequences. That's mostly what my question is about. If a sexual assault survivor deals with PTSD and other issues for decades of their life, what is the proper punishment? They may not have lost their life, but there are major problems that will follow a survivor.

[Captdon]

Life with no parole. No second chance for this scum.

[Dr. Who]

I think that the specific circumstances of the rape tend to dictate the punishment. Someone who is raped under the influence of a great deal of alcohol or drugs may have little memory of the event. The person who was also beaten at the same time as being violated may be more traumatized than someone trying to say no after things started going too far. However, every person's psychology is different and lasting psychological trauma is not a one size fits all proposition. Some people may have pre-existing psychological issues that predisposes them to a more negative outcome than others. Those pre-existing issues should not weigh in the perpetrator's favor.

Objectively, in terms of the perpetrator, I would think that someone who takes advantage of or even causes a person to be incapable of resisting through drugs or alcohol is pretty heinous. However, the victim may not have the same sense of trauma as someone who was totally aware during the violation. Is an equally drunk or drugged out guy who messes with a drunk or drugged girl at a party as bad as the former? I don't think so, but it's still not a get out of jail free card. I suspect all of these things are considered in the sentencing including the ages of the perpetrator and victim. What I think should be added to any sentence is that if there is lasting psychological damage, that the perpetrator should also be responsible for paying for the psychological therapy for as long as it is necessary unless that therapy is otherwise insured. It goes without saying that the perpetrator should also undergo some kind of psychological assessment to determine whether they are at risk to re-offend and if so, receive treatment.

[Kacper]

Life after rape: the sexual assault issue no one's talking about - Women's Health


First, I am not too keen on comparing PTSD in veterans to PTSD in survivors, but I found it interesting that sexual assault is more likely to cause PTSD... the VA may be a total mess, but it does, in theory, have the funding to help Veterans (even if it needs a complete overhaul); whereas, sexual assault and domestic abuse centers are being defunded in a lot of places and there is not some version of the VA for survivors to seek help. So, psychologically, functionally, financially, sexual assault survivors may experience decades of issues related to their assault. The survivors from WWII are an interesting example, although you would have to adjust to consider the stigma associated with getting help for mental illness that would have been worse in the past.

So, the person who assaults or abuses another person may not take their victim's life in the physical sense, but decades of suffering and mental health problems and potential substance abuse problems and problems with forming relationships, and on, and on... what is a fair punishment? How many months or years of prison?

Punishing the perpetrator even more harshly does nothing to address the issue of PTSD in rape victims. That said, anecdotally, at least in our area, rapists tend to get punished very harshly by judges and juries. If a rapist walks away with less than 20 years to serve, they are lucky. You could kill somebody and get less time than if you raped them.

[Adelaide]

Punishing the perpetrator even more harshly does nothing to address the issue of PTSD in rape victims. That said, anecdotally, at least in our area, rapists tend to get punished very harshly by judges and juries. If a rapist walks away with less than 20 years to serve, they are lucky. You could kill somebody and get less time than if you raped them.

Right - my point is, with the damage done including PTSD, does it change how people think of the crime? No one was murdered, but a person could be suffering for decades or their entire lives over the assault or abuse. I do not think people think of it in that context; there is definitely an emotional reaction to the type of crime, but I would question whether many think of the actual consequences beyond the initial crime.

[Kacper]

Right - my point is, with the damage done including PTSD, does it change how people think of the crime? No one was murdered, but a person could be suffering for decades or their entire lives over the assault or abuse. I do not think people think of it in that context; there is definitely an emotional reaction to the type of crime, but I would question whether many think of the actual consequences beyond the initial crime.

I am not sure that is the rule. Part of it of course is that a lot of women won't tell people they have been raped because they feel tainted or like they will be blamed somehow. I sit on the Board of Directors of a group of shelters, a couple of which are exclusively for victims of sexual assault/rape, for a non-profit founded by a rape victim. She was raped almost 40 years ago and it took a long time before she would tell people because the police in NYC treated her like garbage when she reported it after it happened. She was literally beaten and raped on the street she was walking down.