A new bill proposed in Tennessee would, if passed, sentence those found guilty of aggravated rape of a child to life in prison.
Under the state’s current laws, those convicted of the crime can be sentenced to anywhere between 15 to 60 years in prison and receive a fine of up to $50,000.
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The new bill, also known as HB283, would increase the punishment for the crime, which would be classified as a Class A felony under state law, to life in prison without possibility for parole.
thehill.com
How long before some kid gets life for humping his kin folk? As if they need actual evidence in molestation cases anyway. They don’t ask the Kellers! Life for touching nuthin for aborting? Out of whack!
Well the problem here is that the justice system can’t seem to define particular crimes, especially with the bargaining and plea deals crimes get the name changed from one court date to the next. So a person charged with this may or may not have actually done this. An actually forced rape is a terrible thing, but the justice system is just too inconsistent to allow these mandatory sentences.
Even as a registrant I am fine with that. Life for aggravated rape of a child seems fair.
However as others here have questioned, what does the law constitute as that crime? When i read it, it means physical assault/forced or threatened. When they read it, it might mean touching a child’s shoulder. Laws and the wording without clear definition can be a problem. Often is.
Lawmakers needs to stay out of the courtroom; that is what we have a judge’s discretion for.
The problem is that people will be less likely to go to trial. You may have innocent people when facing life in prison will take a plea deal cause fighting is not worth the risk. Much like the drug free school zones this creates a drive for law enforcement and district attorneys offices to charge people with agg rape of a child because it will be a huge negotiating position. Already our legislature has warped our criminal justice system beyond recognition by giving so many advantages to the state that few wish to pay the penalty of going to trial. Innocent people would go to prison and take deals they otherwise would fight because of this.