Execution of Child Rapists

On April 16, 2008, the U.S. Supreme Court began hearing arguments on whether or not the state of Louisiana could impose the death penalty for those convicted of raping of a child. Death sentences are normally reserved for murder convictions. On June 25, 2008, the court ruled that the death penalty for child rape is unconstitutional.

Fast Facts

1. June 25, 2008: U.S. Supreme Court declared the death penalty for child rape is unconstitutional
2. Ruling blocks other states from imposing similar penalties
3. Two men are on death row for child rape, Patrick Kennedy and Richard Davis
4. 1979: Supreme Court banned capital punishment for those convicted of rape
5. 1995: Louisiana passed a law allowing execution for sexual violation of a child under age 12

Debate

The debate over the execution of child rapists stems from the case of Patrick Kennedy, who was convicted and sentenced to death for raping his 8 year old stepdaughter in New Orleans, Louisiana, in 1998. Kennedy's attorneys argued that a death sentence for crimes other than murder constitutes cruel and unusual punishment and violates the Eighth Amendment.

State Laws

Along with Louisiana, Montana, Oklahoma, South Carolina and Texas all allow executions of those convicted of child rape. Louisiana is the only state that has actually applied the sentence of death to a convicted child rapist. Missouri is considering a similar law.

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