The theory behind monetary payments is that it disincentives crime by having you (and your family) pay money for the crime you commit. That part makes sense. The problem is that, as you both say, it incentives complaints from people who were never victimized, or reinterpretation as rape of some relationship which was always willing. Historically, it might not have been such an issue in pre-modern times because back then evidence lasted even shorter than it does now; and because back then some crimes (notably the murder of the working man of a large family) had large economic impact on the family justifying a compensation payment. But today I would say monetary penalties create more problems than they solve. Except for economic crimes such as robbery (where it makes sense to be compensated for your loss), I think we shouldn't have any economic penalty for any other crime. Least of all for one as (comparatively) easy to file as rape. |