You're right, it wasn't fair; he was basically lobotomized so he could not face trial, conviction, and sentence for his crime.
Apart from all the moral, emotional, and just plain human things wrong with what he did, just look at the legal point of view: He knew it was happening/going to happen and did nothing to stop it... that could be charged as depraved indifference and/or accessory to rape. He is the one who actually gave her the drugged wine... that could be charged as criminal facilitation and/or conspiracy to commit rape.
He may not have known it was going to go that far but he drugged her, and once he saw what was going on he did nothing to stop it... he was a just as responsible.
To close your eyes will not ease another's pain.
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