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Tell the guilty party that he has 2 choices, and make sure that one is considerably worse than the other, say life in general population without parole or 5-25 in minimum security with parole possible.
When he makes his choice, you look him right in the eyes and say...
"Sorry, since you didn't give the girl a choice, you don't get one either, and those 2 options are not valid. You get the same choice the girl did.....death."
(I think that since the death penalty is not chosen by most states, the thought of this dirtbag spending what little life he will have left in general population with other hardcore criminals may take care of his "problem" and ours at the same time.
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