It's not quite as clear cut as that.
I've think we're getting off topic.
Getting HIV is a risk when u penetrate someone. Consent or no consent doesn't increase or decrease that risk.
That might sound cold but that's the way it is.
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Then we need to look at the questioning of sentencing.
For instance, there's an example of a magistrate giving a rapist a lighter sentence because it was more considerate to have slashed the victims throat before raping her than after. Despite the fact she lived through it all.
Now that's ****ed up.
Doesn't work though.
Studies have shown that harshness of punishment is no-where near as effective a deterrent as certainty of punishment.
Doesn't matter how harsh the punishment is, if the potential offender thinks they're going to get away with it the harshness of the punishment isn't really a consideration.
I just disagree with the idea that if someone commits an act like murder, rape, pedophilia, particularly if they're a repeat offender, then just because they say yes I did it doesn't entitle them to a lesser punishment.
People's views on the effectiveness of punishment as a deterrent depends on what criminological theory they subscribe to.
Classical perspectives assume all humans a rational creatures that make decisions based on the pleasure/pain principle, thus when the expected pleasure of an action exceeds the potential pain that may result, they're more motivated to go ahead with that action.
As such, the punishment of death would be the highest deterrent.
But, the major problem people have with rational choice is that it assumes we're all rational, which as we all know is a bit of a naive idea.
Consider, once someone is sentenced to death, what exactly do they have to lose?