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Originally Posted by dereds
Consider that I also believe that a serial rapist or murderer warrants a harsher sentence than a one time offender. This isn't about the seriousness of the offence this is about the frequency of it. It's not me that's failing to distinguish between the seriousness of offences it is you by rejecting that a person who has downloaded numerous images warrants the same sentence as the person who has offended once.
Right. I suppose it depends where you're from?
In my country, a murder conviction for example garners a mandatory life sentence, meaning that the law regards the seriousness of the offence as taking priority over the frequency. Murder one or a bunch and you'll get the same life sentence, although parole may be given to one over the other but if paroled, you're on parole for natural life and can be brought back in to serve your sentence if you violate your parole, even in a minor manner.
Therefore (and I'm not trying to evade your point to clarify), I can't really comment adequately on differing sentences for the same crime of actual murder, in the legal sense. (understand I'm not talking about "killing" here), as that's how it goes down over my way.
I don't agree with that re rapists as it's a predatory crime. You're differentiating re frequency, yet fail to recognise the gravitas and non-existence of mitigating circumstances of the offence though. As I said to you earlier, there are degrees of child abuse but child abuse or accessory to child abuse are serious crimes
in themselves.
Ditto rape. Such offences are committed because of the inherent character or disorder of the offender, which to clarify may be shaped for all sorts of reasons, but doesn't make the offender any less dangerous or nullify the gravity of his crimes.
You rightly point out the degrees of such offenders, as yes looking at child porn and child torture porn may be more extreme degrees of depravity, but accessing child porn to begin with is a serious crime. And the crime is committed because of the offender's inherent disorder.
Now the law may recognise degrees, but my answer to that would be to punish the offender as harshly as said degrees allow for.
Let's say (and this is just hypothetically) the maximum sentence for accessing child porn is five years but say there's a clause where if the offender accesses child porn involving torture, then it's 10 years. I think each offender should be punished with the same severity that the law allows for such offences.
If otoh the sentence was five (or ten or whatever) years for accessing child porn, regardless of whether you did it once or 100 times and regardless of the severity of the abuse, then I wouldn't have a problem with that either, as again the nature of the offence is due to and fueled by the offender's inherent pathology.
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Consider also that you are unable to distinguish between different scales of child pornography. The pedophile who gets off on naked images of children should probably be distinguished from the pedophile that gets off on acts involving child sexual abuse.You are ignoring both the seriousness and frequency of the offences to say that all pedophiles caught with images of children should be sentenced the same.
See above and with respect, you're again ignoring that such offences, regardless of the degree are still due to a disorder and warped pathology, which makes the offender predisposed to commit such serious offences to begin with, again regardless of the actual specific degree.
It's where we differ mate, I'm afraid.
And to clarify to a degree I see where you're coming from, but disagree with you on this.