Court rejects death penalty for raping children

By MARK SHERMAN Associated Press Writer
Published: June 25, 2008

WASHINGTON (AP) _ The Supreme Court on Wednesday struck down a law that allows the execution of people convicted of a raping a child.

In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution’s ban on cruel and unusual punishment.

“The death penalty is not a proportional punishment for the rape of a child,“ Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.

There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years.

Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana. He is one of two people in the United States, both in Louisiana, who have been condemned to death for a rape that was not also accompanied by a killing.

The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman.

Forty-five states ban the death penalty for any kind of rape, and the other five states allow it for child rapists. Kennedy’s case is the only time a state has sought to execute someone. Montana, Oklahoma, South Carolina and Texas allow executions in such cases if the defendant had previously been convicted of raping a child.

Copyright 2008 The Associated Press.