Yes, in the broadest sense we want to discourage crimes like murder, rape, assault, and theft. I don’t think anyone reasonable disagrees with this concept. The issue I’m raising is that what the definition of things like “rape” and “murder” is where problems start.

My cynical point is that socially we tend to define “real crimes” in such a way to reinforce existing power hierarchies. Steal from the register and face prosecution, steal from your employee and maybe be forced to pay it back (maybe). Shoot your neighbor and get executed by the state, poison the river and face a civil case, starve foreign infants and face no consequences whatsoever. Morally all of these are awful things, but which ones get criminalized and prosecuted is extremely selective. The rich and powerful often not only get selective treatment when prosecuted, but the kind of violence that can bring is often not even criminalized at all.

My most horrifying example is the fact that until the 1990s it wasn’t legally possible for a man to be charged with raping his wife in some states. 13 states still treat marital rape as a lesser crime than rape of a non-spouse. I think we’d all agree that punishing rape is a good thing for the justice system to be doing, but that’s hardly sufficient when the law has such obvious holes in it.