In RE: Paladin vs the Commonwealth
Greetings!
I voted no. However, I have 'decision' notes that I must publish.
First of all, if the DM said yes, that's it. I would probably argue it as well but the DM did issue a warning, the act was still done and so that's it. Hopefully, the DM will allow atonement.
With that said, I probably wouldn't have done it. As someone said on the other thread, I don't like it when the game rules bring GM and player into conflict, especially when player character abilities are on the line. I would have probably found some role playing things that made the paladin question what they did and probably asked the player, not the character, to play the paladin has having second thoughts, feelings of guilt and remorse and penalizing themselves rather than me, as DM, handing down any judgments.
Second, I agree with what others have said about this being a very tough call. Which laws are followed?
For example, using FR books, here is what I found about this crime:
Waterdeep FR1 - This would NOT back up the paladin's actions. Crimes against the citizens, including assault, do NOT have a death sentence. (page 19 of FR1) The punishment would have been either mutilation, enforced hard labor or some level of fine to be paid to the victim.
Amn FR3 - This would NOT back up the paladin's actions. With regards to Amn, it says, "More serious crimes are also punished by fines, but the fines are usually so high that the offender has no choice but to become an indentured servant (that is, a slave). If possible, the victim of a violent crime is often given possession of the offender as part of the restitution." So, it would only be a fine, it would merely be a question of how much of a fine it would be. Also, there is some dark humor here that the rapist would become an indentured servant (slave) to the victim. Hopefully, she would sell him right away!
Calimshan - This would back up the paladin's actions. "Calimshan justice is cruel and swift; as a result, crime is not common. The death penalty is common for most serious crimes (murder, kidnapping, any sort of assault or other crime that results in injury to another). Maiming, branding, or slavery are typical punishments for less serious crimes." Pretty clear there.
Thay FR6 - Kinda. The problem is that if the girl was a noble, what the paladin did would have been fine under Thay's justice. Otherwise, it would be up to a magistrate to determine the punishment for the Paladin. (Of course, WTF was a paladin doing in Thay?

)
Mulhorand FR10 - Kinda. About the same reasoning as Thay, except she would need to be a priestess or acolyte.
Chessenta - This would NOT back up the paladin's actions. "Punishments for crimes are not as harsh in Chessenta as in Unther; they consist of four levels: fines, imprisonment, banishment, and execution. Murder and treason are punishable by execution; public troublemaking is punishable by banishment (starting a fight or causing a riot are examples of troublemaking)." Looks like a fine here.
Great Glacier FR14 - This would back up the paladin's actions. "So how are violations punished? Simple-the violators are put to death. The punishment is the same regardless of the crime; thieves are executed along with frauds and murderers. Executions generally take the form of drownings, stonings, or beheadings. Occasionally, criminals are buried alive, or stripped of all protective clothing and left to die of exposure. There are no trials or appeals, no second chances."
Dambrath FR16 - This would PROBABLY back up the paladin's actions. However, there are a few possible ways it wouldn't. It would because it is ruled by females, drow (however it is pronounced!

) females, and they would not take kindly to an assault on any female. However, it does say that business is most important and that crimes that stop business are the most severe.
I could not find anything in the 3E FRCS about crime and punishment, so I don't know what it would say. I also didn't have any more recent books with me.
There is another source I have. However, it would appear that it doesn't back up the paladin's actions. In MMS:WC, unless the girl was a noble or member of the clergy, there is no execution for the crime. In fact, assuming the girl was a commoner, it says it would be a fine of 10 gp to be paid to the victim.
This source also brings up another good point. The few laws I did find, except for Waterdeep's (and Cormyr would probably have a similar code), pretty much held justice for nobles higher than commoners. Even then, Waterdeep's laws don't allow for murder in this case. The family of the girl would no doubt be fine with what the paladin did but the local magistrates, who might have to be paid to hear the trial (again, as per MMS), would only levy the fine as presribed by the law.
The next issue is what would be done from here with the paladin. Part of the issue, though, is that someone will have to charge the paladin with murder and bring him to trial. If no one stands up for the rights of the deceased, more than likely, there will be no civil punishment for the paladin. If there is, depending on where he is, it could be a mock trial to a full blown political issue. That could be fun!
Finally, there is the issue of the gods. Well, that is troublesome as well. While some of these areas have their own gods, many of these areas have the standard pantheon, with different names and different forms of the same area of influence. So, Tyr's justice in Cormyr will be very different compared to Tyrian justice in Impiltur. Again, that's why we have a DM, and in this case, it was ruled against the paladin.
This probably doesn't help, and I was feeling very LN in looking all of that up, but depending where this happened, there could already be laws in place that talk about that exact issue.
I hope this was an interesting read, if nothing else!
Good discussion! Have a good one! Take care!
edg