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DivineNames said:My apologies for not reading your post in full.
I don't know if the Bible says anywhere that judges should use their discretion in such matters. Do you?
No problem.
There are passages showing that judges are instructed to use their discretion and appeal to a greater authority if a case is too hard.
Exodus 18:13-27 - Jethro suggested that Moses appoint leaders to hear the individual cases. The key verses here are v.22 and v.26. I'll reprint the first part of verse 22 for you here:
"Have them serve as judges for the people at all times, but have them bring every difficult case to you; the simplest cases they can decide for themselves.
Cross reference that with Deuteronomy 1:15-18 and you have judges using discretion when dealing with each case.
The fact that they were instructed to bring cases that were "too difficult to decide" to Moses indicates that they knew matters of the law were not cut-and-dry every time. No doubt they would have used their discretion when dealing with matters regarding rape.
Hope this answers your question.