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Charles Montaldo

Charles' Crime / Punishment Blog

By Charles Montaldo, About.com Guide to Crime / Punishment

State Okays Death Penalty for Repeat Child Rapists

Thursday March 30, 2006
In another effort by state legislators to beef up "Jessica Law" penalties for repeat child molesters, the South Carolina Senate has voted for a bill that would allow prosecutors to seek the death penalty for sex offenders who are convicted twice of raping a child under 11 years old.

The death penalty provision, part of a bill that increases minimum sentences and provides for lifetime monitoring for some sex offenders, may end up being a test case before the U.S. Supreme Court.

In 1997, the Supreme Court ruled that a Georgia law providing for the death penalty for a rape involving an adult victim was unconstitutional, but the court has not ruled on cases involving the rape of a child.

The court declined to review a Louisiana Supreme Court ruling that upheld that state's death penalty for rapists of children under 12 years old.

South Carolina Attorney General Henry McMaster told lawmakers he would gladly argue the case before the U.S. Supreme Court, but he believes other states will also pass similar laws before any challenge to the law could be argued.

Several states have adopted tougher laws against child molesters since the kidnapping and murder of Jessica Lunsford by a repeat sex offender brought loopholes in the sexual offender laws to light.

See Also:
South Carolina Senate Approves Seeking Death Penalty for Repeat Child Rapists

More Information:
Sexual-Related Crimes

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Comments

June 23, 2007 at 10:13 am
(1) Mike says:

With Respect to the Death Penalty for Child Rapists, Question: How many children in the US were sexually assulted in 2005 AND how many of those assults were same gender?

November 19, 2007 at 11:39 am
(2) Robert Hamby says:

To little to late how about Death Sentences for first time SEX OFFENDERS

April 11, 2008 at 10:39 am
(3) judy says:

For all the judges that lets rapist of a child off and you have children. I want you to close your eyes and imagine one of your children being torn apart by a rapist and, your child lying them screaming or crying in pain. The rapist does not give a damned about what they just did, they are already looking for their next young victim, NEVER does the rapist give it another thought to whereas what it has done for the child the rest of their lives. Then as a Judge you let them go or give them the lightest sentence possible, you know what you are saying to that child, its like getting raped twice. Think about it. Think about your son or daughter, or grandkids……

August 23, 2009 at 12:23 am
(4) Pat says:

I’m surprised that there are no people here.

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