I’m responding a second time because I think this is an important point to make as a top-level response.
the suffering of a living victim is an essential part of what makes rape rape.
This is a fucked up take. This says that a rape victim must suffer, and if they aren’t suffering, then it wasn’t rape. Just, no. People process things differently. Some will be more and some will be less traumatized by being raped.
Forcing a particular experience onto a victim, saying they must feel a certain way, is just so incredibly problematic. A victim can feel whatever they feel and process a crime against them however they want. And the way they do so doesn’t change whether a crime was committed against them.
Edit: And with a very literal reading of the statement, it also says that if someone kills their victim after raping them, then it’s not rape—because there isn’t a living victim who is suffering. I’m sure that’s not what you meant, but it’s important to think about these things and how we convey them.
Unless fines become a % of a person’s wealth. Make everyone feel it equally.