Yes, he raped her. No question about it. She said no, he got her drunk and luded up, then fucked her.

Ok, I'm pretty sure she was unhappy about this.

But:

She has made it VERY clear that she considers what the police and prosecuters are doing are not in her wishes. She has made it clear they are causing MORE pain. And she wants it to stop.

So, if you say as a society that we must send a very clear message that these types of crimes WILL be punished, and you are doing it as a "preventative" measure so the next guy who is thinking of this might think twice, and you really don't think the individual victim in this particular case matters that much, then feel free to state your case. If it is different from this of course.

Just don't pretend you are supporting this course of action for her.

I have no idea what the moralistic cut-off is though.
Would you say the same thing if she was 15?
16?

Yes, he should have gone to jail. But here's the deal. I think the Whoopi comment was based on violence, like box said. And I think violence deserves the 50 years.

But he doesn't. Do you agree?