Everyday justices of the United States Supreme Court are challenged with making decisions that will impact the lives of Americans for years to come. On Wednesday, the nine members of the high court began deliberating on an issue that is probably more complex than they’ve seen in quite awhile.
The issue? Whether someone may be executed for raping a child.
While there has been discussion on this issue for decades, the topic has made its way back to the public eye as a result of what Patrick Kennedy, a 43-year-old Black Louisiana man did 10 years ago. In 1998 Kennedy raped his then 8-year-old stepdaughter. Initially he claimed that two teenage boys committed the violent act — a story that the victim repeated for 18 months after the ordeal. A Black teenage boy was arrested because of Kennedy’s claims, however the teen was later cleared of any wrongdoing and the police began to focus their suspicions on Kennedy as the attacker.
The victim later said that Kennedy assaulted her and though the defendant maintains his innocence, the state convicted him and sentenced him to death in 2003.
Before I get too deep into both sides of the issue, here are some facts to consider:
Only one state in the country is pursuing capital punishment for a crime other than murder.
Kennedy and Richard Davis, both in Louisiana are the only two people in the country who are on death row for raping a child without also killing the victim.
Kennedy’s situation is the first time since 1964 that a state is preparing to execute a man for a felony other than murder.
In 1976 and 1977 the U.S. Supreme Court prohibited capital punishment for rape, but 19 years later Louisiana passed a law allowing the death penalty for the rape of a child under 12.
In addition to Louisiana, Montana, Oklahoma, South Carolina and Texas also allow the death of someone convicted of child rape; though none of the latter four states has ever actually applied the penalty to child rapists.
The issue that’s currently before the U.S. Supreme Court is a difficult one to decipher, particularly because the crime involves children, which are the most innocent victims. Because of the sensitivity that people have towards children’s issues, it’s especially tough to look objectively at the situation. However, if the high court sticks to the main point, which is to determine if the crime constitutes “cruel and unusual” punishment — while considering this issue, the justices’ decision should make sense to the general population.
Opponents of Louisiana’s law say that sentencing someone to death for raping a child will most likely result in the assailant actually killing the victim. At least then, opponents say — the defendant will see in their own mind that the death penalty is applicable.
However, supporters of the law contend that the death penalty is the most appropriate punishment for such a heinous crime.
“A lot of people think there should not be the death penalty in this case because the child survives. In my opinion the rape of a child is more heinous and more hideous than homicide,” explained Kate Bartholomew, a sex crimes prosecutor in New Orleans.
In the case of Kennedy’s victim, the rape resulted in severe emotional trauma, caused internal injuries and bleeding to the child that required extensive surgery.
This is an extremely sensitive subject and I’d love to hear what Recorder readers think of it. Please e-mail us at newsroom@indyrecorder.com to let us know what you think regarding sentencing a person to death for rape.
