
Originally Posted by
Lysah
We don't know enough about the human brain at this point to make a definite answer, so discussing it is still just a big guessing game. A philosophical agreement is fine, that's about all we can do at this point in understanding, but it shouldn't be how we decide a question like that. I could argue that anyone who commits rape is mentally unstable in some manner and deserves to be treated as a victim of his own mind, rather than a criminal. But plenty of people would get upset at that thought. At the same time, if we ever excuse a criminal because "he has a mental disorder" we open up the "insanity plea" to every rapist in the world and no one will ever be accountable for their actions.
But this is already branching out to a much broader topic, as you can see. Is crime ever the perpetrator's fault? Do "bad people" even exist? Do we have free will at all? None of these questions are questions humanity is remotely close to answering, in my opinion. Until they are, the justice system is more of a damage control unit.