Legal Treatment of Family-Based Assault and Rape: Balancing Protection and Justice
Introduction
Exploring the need for giving special law consideration to the family in terms of assault and raping, it is vital to research information and collects statistical data. Since laws vary somewhat between states, it is essential to understand the effect of different features of state laws. Consequently, it will be possible to learn from statistical data what effect nebulous laws concerning relationships within the family have. In particular, it is necessary to determine the difference between the effects of laws and their results, which appears between the notions of family offense and the crime of assault and battery. This approach would make it possible to create a rational and practical decision based on facts rather than guesswork and assumptions.
Advantages of Giving Special Consideration to the Family
However, in the case of alleged action by the United States Institute of Jurisprudence, it is worth considering the advantages and disadvantages of a solution granting special rights to families. It is important to emphasize that the family is one of the social institutions of society. It is a human connection that involves a long and multi-phase history of formation and development. Therefore, when considering the particular law for cases within the family, it is necessary to research the abovementioned factor of the family profoundly.
Many spouses were at different stages in their complex relationships. They had serious quarrels and shared moments of happiness. However, it is essential to emphasize that no one, including the legal institution, knows each spouse as they know each other. In this context, granting special legal consideration to the family may leave room for further reconciliation and the building of better relationships between spouses. This approach can be practical only if both spouses are unwilling to state that they are interfering in their relationship.
Disadvantages of Giving Special Consideration to the Family
The lack of a clear strategy for action under the laws in the case of assault and rape in the family has a significant number of drawbacks. One of the most crucial is that law enforcement agencies may not take action to deal with such cases. Since assault in the family is treated by law differently from the usual crime and assault battery, it should be assumed that the penalty for such actions may not be imposed if the situation is not sufficiently critical. In the absence of monitoring the relationship in such a family, these actions will allow the criminal to repeat their acts with impunity, knowing they will not be severely punished.
An Example of Condescension for Other Criminals
Laws and regulations in society are an integral part of the public interest. Consequently, the media, the Internet, newspapers, and other means of disseminating information broadcast all events and developments relating to the institution of law and its functioning. Because of this, criminal authorities and other criminals learn about specific laws that provide no punishment for raping and assault within the family. Therefore, they will feel the opportunity to implement their criminal plans. It is a critical factor as it will significantly worsen the situation in society and increase the number of violent crimes.
Maintenance of the Law Institute and Social Well-Being
The lack of clear and well-prepared laws on the prevention of domestic violence and assault calls into question the effectiveness of the law institution of the state and the country in general. People witnessing rising crime levels will feel fear and anxiety and lose confidence in the country’s executive authorities. It is a critical factor, as it undermines the foundations of the state and denies the possibility of further improvements.
In other words, when specific laws are enacted in the future that will be aimed at combating domestic violence, they will become ineffective. People who have lost confidence in the rule of law will not comply with the new laws. After all, they are convinced that they are ineffective. Consequently, laws that provide special consideration to rape and assault will negatively impact society’s overall well-being.
The Final Decision
When considering the pros and cons of dealing with acts of assaulting and raping within the family differently, one should highlight many drawbacks of this decision. Laws that ignore or reduce punishment for rape and assault expose society to considerable danger. A competent legal institution, both in a particular state and in the country, must work effectively to prevent any crimes, regardless of the place and time of the incident. As a social institution, the family should not be an exception to this rule. Therefore, I believe the notion of family offense should not exist, and criminal liability for crimes within the family should not be reduced compared to crimes outside the couple’s relationship.
Conclusion
In conclusion, it is important to stress that considering laws for such an essential social institution as the family should be guided by different methods and information. Statistical data and a detailed study of the advantages and disadvantages will create competent and effective laws that will minimize the case of raping and assault within the family. However, given the drawbacks mentioned above of considering the acts of domestic violence different from those outside the relationship, they pointed to the critical impact of this decision on society and the negative consequences for the family.