Some GOP-led states seek to bring back death penalty for child rape convictions
MONTGOMERY, Ala. — The state of Alabama has joined a growing number of Republican-led states seeking to reinstate the death penalty for child rape, a punishment banned by the U.S. Supreme Court in 2008.
Alabama on Thursday approved a law to add rape and sexual torture of a child under 12 to the restricted list of crimes punishable by death.
In 2008, the Supreme Court ruled that such sentences did not constitute “proportionate punishment” and would violate the Eighth Amendment’s ban on cruel and unusual punishment.
Republican Rep. Matt Simpson, a former prosecutor who is sponsoring the bill, said that for the Supreme Court to revisit the question of constitutionality, a test case will have to be submitted to the high court. He hopes that will happen if enough states pass similar legislation.
“This is the worst of the worst crimes. He deserves the worst of the worst punishments,” Simpson said.
Five states — Florida, Tennessee, Idaho, Arkansas and Oklahoma — have passed similar bills in the past three years and at least five others have proposed bills, according to the Death Penalty Information Center, which tracks the use of capital punishment in the United States.
Florida Attorney General James Uthmeier announced in November his intention to seek the death penalty against a man charged with multiple counts of capital sexual assault of a child under 12 years old.
Although the Alabama bill passed with broad support, some lawmakers have pointed out that capital punishment for child rape is unconstitutional and that taxpayers should foot the bill in the event of a legal challenge.
Robin M. Maher, executive director of the Death Penalty Information Center, said there is concern that such laws could harm children instead of protecting them.
Writing for the majority opinion in 2008, Justice Anthony Kennedy wrote that the prospect of a death sentence for the attacker could discourage victims from reporting or “could remove a strong incentive for the rapist not to kill the victim.”
“The court recognized that these laws harm children more than they help them. In fact, they put them in grave danger of being killed,” Maher said.
The Alabama Senate voted 33-1 for the bill Thursday. Alabama Gov. Kay Ivey said she would sign the bill because “we must do everything we can to protect Alabama’s children.”
The Alabama legislation came after a headline-grabbing case involving an alleged child sex trafficking ring in Bibb County.
“Up to 10 child victims were raped and tortured, some for many years. One of the victims was as young as 3 years old,” said Republican Sen. April Weaver, who represents Bibb County.
