[Sundae]

We had a case in the last few years where a Norfolk farmer who had been burgled several times shot a fleeing burglar in the back (still on his property). The teenager died and the farmer was initially charged with murder and sent to prison. The sentence was reduced to manslaughter and he served three years of a five year sentence.

So in that case the more heinous crime was punished. Hard to say if the thief would also have been, but even if he had survived I believe it unlikely his sentence would have been the same.

Therefore, even though I don't know of any case where the criminal was raped I would assume it would outweigh the crime of theft.

Except that. Except, that... It is unlikely ever to come to prosecution, statistically. And even less likely to end in a conviction, statistically. And with the significant drawback of a criminal in the dock.... well. Many juries feel the weight of the burden of proof on them for a "normal" rape case. My belief is that in this country at least, they wouldn't believe a word the victim said. And forget evidence - it is always disputed in a rape case anyway.