For those who similarly feel some sympathy with certain types of rapists: I'd like to preface this by saying that under Victorian law, subjective belief in the victim's consent is a full defence to rape. In other words, as long as you can prove to the judge/jury that you "honestly" believed that the person was consenting, you cannot be held liable for rape, no matter how unreasonable that belief appears to be. (You could say something like "oh yes I know she was kicking and struggling and yelling and crying but but but 20 years ago we had sex once and she LOVED that stuff and therefore I really thought it was just part of the act 0=]" and get off.)
The system makes enough concessions as it is - we don't need to give them even more ways out. (This isn't the case for UK law though, AFAIK)
I firstly have a problem with the presumption that everyone has sentient thought and human compassion. If that is the case, then I doubt anyone should be able to appeal for mental disabilities, or get less of a punishment.
Within the law, there is always a presumption of sanity, and it is for the defendant to prove otherwise.
Of course not everyone is "human" in that sense - that is why the avenues of the defence of mental impairment etc exist. But it would be a dangerous thing to start creating arbitrary situations where rape would be excusable just because some people do not have the mental capability to know any better.
I also have a problem with that statement being universalizable. I can think of a few cases where people wouldn't mind it because they couldn't care less, but they are rather controversial.
If they "couldn't care less" that constitutes consent and therefore it is not rape...
I have another problem being interpreted as finding excuses for rape. My contention is that there is always more to the story, and the fault does not lie solely with the perpetrator. Whilst the rapist had a choice to stop, in many cases the victim would also have chances to proactively avoid it before it's too late. I can understand why many would agree the crime is partially caused by the victim, it is not completely stupid.
I think that's akin to saying a murder victim partially caused their own death because they had chances to avoid it - by having intruder alarms on in the house, putting padlocks on the windows, not walking on the streets at night, not working as a prostitute, not looking at that strange man in a way he found offensive, not dressing inappropriately and merely looking like a prostitute, not breaking up with a violent person, not instituting custody proceedings for children from the violent person...