Putting aside one's reactions to this weird penalty, there is the question what impact it has on the total number of rapes. It is not clear. There are two effects. Surely, punishing women will make them even more willing to avoid situations that could result in rape. But it also makes it less likely that women will report rapes when they occur. It is not clear what the net effect is. It would be an interesting empirical study to see if Islamic law increased rape rates. The big problem with testing this is that if rapes stop being reported at the same time that the rules change, one would have to come with something imaginative to figure out how to measure the change in the number of rapes. Surveys would probably also be problematic.
Saudi Arabia: Does its punishment for rape encourage the crime?
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Oleh
abudzar