Most people who don't rape, don't rape because it's wrong. But there are bound to be some people out there who would have raped but didn't because if they were caught and convicted they would go to prison.
As for all the panicy people in the No Column saying that crime is getting worse, statistics say otherwise. Check the numbers in this article,
The only reason these things seem to be getting worse is because the media follows the formula "if it bleeds it leads" and in the information age it is easier for outlets to have access to all kinds of stories that would've remained local stories decades ago. The result is that media reports of crime get worse even though crime as a whole is declining.
At its root part of the criminal justice system was created with the intentions of deterring and mitigating crime and rehabilitating those who've committed crimes. Even accounting for the increases in the worlds population, I think statistically crime has increased on whole from five years ago and even fifty years ago. I also don't believe it has to do with the enactment of more laws or stricter vigilance to ensure society is following the laws. I think that society has become more immune to the consequences originally set in place to deter crime. Crimes such as rape are still on the rise. In countries such as India, members of society are fighting for stronger punishments.
The criminal justice system is not doing enough to deter heinous crimes, like rape, from happening, nor do I think it is capable of such a result. The people who commit these acts often get such enormous pleasure and so vehemently believe they are not doing anything wrong that not amount of punishment from the criminal justic system would ever deter them, including the death penalty.
The criminal justice system is not working as a means of deterring heinous crimes like rape because it is too slow. It should in theory work to deter crimes, but it does not because too few rapists get convicted so the problem continues. Many women experience rape but do not see their rapists end up in jail, so the rapists get away with their crime. Additionally, criminals who commit heinous crimes do so because they are selfish and bad and do not think of the possible consequences of their actions, such as being convicted in the criminal justice system.
No, I think our system isn't doing enough to deter heinous crimes like rape and crimes done against children Sometimes I think our pet dogs have more protection than women and children. Too many people are getting off after murdering, raping or doing horrible things to children. We need stiffer penalties. Often, they're repeat offenders who'd rather go back to prison than live in the "real" world because prison takes good care of them. I think that's part of the problem, prisons should not be so amenable to criminals. They can go to prison, get excellent meals, a great gym, a college degree, all these things; while, in the "real" world, many of their victims are too poor to have a good meal, go to a gym or get a degree. Yes, more should be done to deter the heinous crimes. (I'm not even going to get into gun control, which I advocate.)
Every criminal knows that they have as much or more of a chance of getting away with it as they do of being punished to the full extent of the law - even if they get caught.
When punishments for breaking laws are absolute, there is less breaking of the law. Witness theft in Saudi arabia, where there is very low incidence of theft, because everyone knows you lose your freaking hands if you steal. No question, no partial punishment. No lawyer getting you off with a slap on the nub.
On the other hand, what we have in the US is a government enabled criminal class. Criminals actually study where the law is weak and how to exploit it for their own gains. They know they're scot free if the arresting officer failed to read Miranda rights. They know they have a better than average shot at getting off if it comes down to a he said - she said. I've met criminals that know the law better than most cops.
Lets use rape as it was the crime stated. Most rapers don't get sent to jail, because of due process and social reasons. Due process prevents a controlling government. Innocent until proven guilty is problematic when rape is involved, but the government needs to be kept in check so that if someone claims rape the victim isnt sent to jail unfairly. There isnt much that can be done about this, because it is evolutionarily rewarding, making it really, really, difficult to prevent.
Rape is already underreported compared to many other violent crimes. The treatment of rape victims is also appalling, with some victims having their homes vandalized with words like sl*t and Wh*re. Just look at Bill Cosby, despite having so many allegations brought fourth, he is only now being prosecuted, and only with 10 years in prison.