No I would consider the rapist a rapist and, after he had his day in court, see him dragged of to a prison for a very, very long time.

As for the nerd basher, I would expect the same treatment.

It is not about the app, but the criminal. It is about accepting responsibility for ones actions.

And yes, I would say they have every right to make a nerd basher app, if they want to (although I guess they are less likely to have open facebook profiles).