Rape
Death Penalty for Child Rape Deemed Unconstitutional
Contact a Rape Lawyer
June 25th, 2008
"Death Penalty for Child Rape Vote in Supreme Court"
The U.S. Supreme Court declared the death penalty unconstitutional in child rape cases, citing the ban against cruel and unusual punishment.
It has been over 30 years since the high court’s last ruling on whether a crime that doesn’t result in murder can be punished with the death penalty. In 1977, the court banned executions in cases of adult rape in which the victim lives.
Child Rape Cases
However, that decision left unanswered the question regarding the use of the death penalty in cases of child rape and several states enacted laws allowing executions in rape cases involving victims under the age of 12 or 13.
According to Justice Anthony Kennedy, “the death penalty is not a proportional punishment for the rape of a child.” The majority agreed in a 5-4 vote.
The case at issue in the ruling was that of Patrick Kennedy, a 43-year-old Louisiana man sentenced to death for the rape of his 8-year-old stepdaughter. He is one of only two convicted rapists in Louisiana to not have killed his victim.
The last time an execution was carried out for a rape that did not also involve murder was 44 years ago.
(Source: Reuters)
Charged with a sex crime? Contact an experienced criminal defense attorney near you today.
