Are there mitigating circumstances that can reduce a sentence for rape?

don’t get confused recently I heard somebody tried to rape 45 years old after he drunk. what will be the punishment for this fellow he is 27 years old?
let me see your comments!

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Why the four happy smiles to start off the OP and an exclamation point at the end?

Rape is a serious offense, no matter the circumstances.

Others may know the answer, but my first reaction is you/your friend could be in serious trouble if the lady files a report with the police and should hire a lawyer to know the true consequences of it.

@KHHville, sorry for the type error or the way I put my feeling may be its my first time to come across with such an issue but i just heard the guy crying on the MRT and I approached him and asked what happened then he told me he drank for the first time and what happened was totally unconsciously, then I really feel sorry for him. I met him after the police filed his report from the lady and put him in prison for the whole one day and free him to follow his case outside.

I don’t think their age is relevant. And being drunk isn’t much of a defense if at all.

@Andrew0409: being drunk you can not use it for defense. could you be more specific?Thanks!

he’s actually quite clear

You/your friend cannot tell the judge “sorry about the rape, I was drunk at the time and don’t remember”.
Actions have consequences, just like drunk driving.

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@KHHville: I feel the same after the guy told me and even get angry while he was telling what happened and how it happened.

I don’t know Taiwanese laws that well. But rape and sexual assault is heavily based on the basis of intent. A drunken intent is still a intent. And the defendant is responsible for putting him or herself in that position from voluntary intoxication. You can’t use being voluntary intoxicated as a defense and be excused in any legal system I know of. You might be able to lessen the charges or sentence with it being taken into consideration and doing something like going into alcohol treatment to be taken into consideration by the judge and prosecutors.

But it’s no laughing matter. Rape is rape. Attempting rape is serious. His age and her age, if you’re trying to insinuate that he must have no control because a young 27 year old guy would never voluntarily rape a old women, is not relevant. Nor is the fact he never drinks. Having no prior offense would be seen favorably on the sentence but not really much imo.

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@Andrew0409: what you stated above is totally fact and make sense but I met the guy at MRT station after he was in prison for the whole day and give his word for the judge. then why they free him? that is my question.

They freed him from jail on bail. When a suspect is charged, they go to jail until they are presented in front of a judge that tells them what they’re being charged with and sets a bail. He will be given a court date and time to build a defense.

Criminal Code says

Article 221
A person who by threats, violence, intimidation, inducing hypnosis, or other means against the will of a male or female and who has sexual intercourse with such person shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in the preceding paragraphs is punishable.

Article 25
An attempt is a conduct performed in the commission of an offense that is not accomplished.
An attempt is punishable only if specifically so provided and the punishment may be reduced from that for an accomplished offense.

The Code of Criminal Procedure says

Article 299
If an offense committed by an accused is proved, judgment imposing a sentence shall be pronounced, provided that if punishment is to be remitted, a judgment remitting the punishment shall be pronounced.
Prior to a judgment remitting punishment specified in the preceding section pursuant to Article 61 of the Criminal Code, the court may, in consideration of the circumstances and by consent of the complainant or private prosecutor, also order the accused to do the following:
To apologize to the victim;
To make a written statement of repentance;
To pay to the victim an appropriate sum as consolation.
The matters specified in the preceding section shall be noted in the written judgment.
The matter specified in Item III of section II may also constitute a ground for civil compulsory execution.

That line actually has been used, sometimes successfully, in common law. Whether it works in Taiwan is another question.

And btw I don’t think 45 counts as “old” these days. It’s the new… whatever. I believe Andrew is right that it won’t make a difference. If the victim were a child, the minimum and maximum penalties would be higher iirc.

There are some crimes with higher maximum penalties in the event of the victim being the perpetrator’s lineal ascendant (parent, grandparent etc.), but I don’t think they included rape in that category when they were writing the law.

interesting.
do you have famous cases of this excuse being used successfully?
I do not doubt you, because you wouldn’t state this if not otherwise, but how would that work? kind of like pleading insanity for a murder?

It’s the same idea – was the perpetrator in control of his actions at the time?

There was a case that went to the Supreme Court of Canada in the 1990’s, either rape or assault, and the perpetrator’s defense was intoxication. I don’t recall the details, but it was joked about on TV.

I think this is the case.

So it seems they amended the law after to say self intoxication is no longer a useable defense unless it causes insanity or something if I’m reading it correctly.

I know it’s often used to get a lesser charge from something like murder to manslaughter.

Since the amendment there remains a major question as to whether this section could survive Charter scrutiny, since it effectively re-instates the Leary rule.

Constitutionalism is a double edged sword.

inducing hypnosis,

(Sigh) Too many Hollywood movies.

“Article 221
A person who by threats, violence, intimidation, inducing hypnosis, or other means against the will of a male or female and who has sexual intercourse with such person shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in the preceding paragraphs is punishable.”
so hypnosis works without the consent of the receiver. Where is that proven in science ?

I hope your “friend” goes to prison for a long time.