Court to Hear Death Penalty for Child Rape Case

The U.S. Supreme Court that ruled in 1977 that states cannot execute someone for the rape of an adult will now decide if the death penalty for those convicted of child rape is constitutional. The court will hear arguments this week in a case challenging Louisiana's law which allows the execution of child rapists.

Five other states -- Georgia, Montana, Oklahoma, South Carolina and Texas -- have similar laws that allow the death penalty for those convicted of child rape.

Evil, Heinous Crime

Louisiana, however, is the only state that has anyone on death row for the rape of a child. The actual case the court will hear is that of Patrick Kennedy, 43, who was convicted of raping his eight-year-old stepdaughter in 1998.

The Louisiana law that allows for the death penalty sailed through the state legislature in 1995. "That's one of my proudest pieces of legislation," former state Rep. Pete Schneider told reporters.

Supporters of the law say that child rape is such an evil, heinous crime that it calls out for the death penalty. They also say it's the only way to guarantee they won't offend again.

Motivation to Kill Victims?

Opponents of the law give the following reasons for fighting it:

• Facing the death penalty would give child rapists motivation to kill their victims.

• Because most child rapists are relatives of the victim, putting a relative to death could traumatize the child.

• Children may be hesitant to testify against a relative if it means the relative may be put to death.

The Kennedy case is being challenged as cruel and unusual punishment, however. Justices will hear oral arguments in the case Wednesday.

See Also:
Death Penalty for Child Rape Is Fought

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