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It depends on whether he could have prevented the circumstances that led to the mistake. If he could have foreseen the mistake happening and didn't do anything to remove the possibility, then the mistake is, in actuality, his fault.
For example, if a man involves himself in a plan where a possible outcome could be the murder of another man even though he had no intention of killing someone, then he should still be forced to endure the penalty of his crime. He understood the circumstances and yet he decided to go through with the plan anyways and even though it was a mistake to kill someone, it's still his fault.
It also depends on the mistake. Some mistakes can't be forgiven.
For example, a man rapes a woman and then regrets it afterward. It was an on-the-spot decision and it was a mistake. However, the damage that he caused due to his mistake is still present and as long as it is present, the consequences are still his to deal with.
If the mistake is still causing the victim or the loved ones of the victim pain, then the culprit has to suffer the consequences.
There are mistakes that can be forgiven.
For example, a man was out drinking with a friend. The man decides to drive his friend home, even though he's extremely drunk. The man gets into an accident and the two of them are sent to the emergency room in critical condition. The man's femur is shattered and he has to have his leg amputated.
He has the money, however, to afford a prosthetic leg. He gets the operation and both the friend and the man come out of the whole situation with no serious problems.
This is a mistake that can be forgiven because after a bit, the wounds will heal and all the pain will be gone. The friend can forgive the man because he lived through the whole ordeal and is not suffering to this day because of the man's mistake.
This is very different from the man who raped a woman, however, because to this day, the woman still feels pain because of his mistake. She's still traumatized and because of that, the man should be forced to face whatever punishments he's entailed to.
nice, what i mean by mistake is where you were going with the rape, just not as bad. He makes a desition and knows it is the wrong one, goes through with it then suffers for the rest of his live even though those who were affected by the desition have forgiven him.
Sorry, "...he's entitled* to".
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