Submit your claim details for a free, no obligation case review.
Get Started:
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.
Copyright © 2001 - 2012 Online Lawyer Source
ATTORNEY ADVERTISEMENT—Thank you for your visit. The content published on this website was not written by medical professionals and should not, at any point, be mistaken for medical advice. Furthermore, the information on this site is intended for educational purposes only and should never interfere with a patient/site visitor and his or her healthcare provider. In addition, viewing the content on this website, requesting additional information, or transmitting information through a contact form should never be considered the formation of an attorney-client relationship. The material published on this site is general and may not apply to your specific circumstances. Every case comes with its own set of unique circumstances; past success discussed on this site does not guarantee future performance. Information found on this website should not be used as incentive to act without seeking counsel from a professional. For more information, please read our disclaimer.