What if he was tried under sharia law?
http://uk.news.yahoo.com/rtrs/20080318/t...
how would the sentencing have differed if he be tried under sharia law?
I don't know about him, he's religiously connected, , but it's feasible that the woman would be sentenced to be lashed, at least, for opening the door to him or for speaking to him at all. Probably massively different. Sharia law places a large emphasis on the nouns of men. So 7 men saying he was innocent would probably gotten him off altogether... I am not sure how the nouns of DNA evidence has been incorporated into Sharia if it is even admissible?
If however he had be found guilty under Sharia law, he would likely own been executed not given a 10 year prison sentence.
So swings and roundabouts...
British laws not so long ago would have him publicly flogged.
For the crime of murder, a Tyburn jig on the end of a rope.
Poetic equality would be to lock him in a room with the families of the inhabitants he violated so they could castrate him with rusty blunt knives.
He would not have be convicted under Shari'a.
A rape conviction under Shari'a requires the testimony of three grown Muslim males that actually saw the penetration. It also requires that they be able to testify that the woman fought as firm as she could. DNA or other forensic evidence is inadmissible. The only other way to get a conviction is if the rapist confesses.
In countries beside Shari'a law, reporting a rape is a VERY risky gamble for the victim. By reporting the rape she is maxim that she and the rapist had sex. If the rapist is not convicted, the woman is usually charged with adultery, which can carry the destruction sentence.
In Saudi Arabia a few months ago there was a case where on earth an 18 year old woman agreed to meet a male schoolfriend at a local shopping precinct to get a photo of herself that he had. While they were chitchat in his car in the precinct parking lot the car was carjacked. Both she and the 18 year old man she be with were repeatedly gang-raped by the 7 man gang.
She was sentenced to 200 lashes for have been in the car of a man she wasn't related to. (in practice, 200 lashes is a loss sentence)
Richard
