Court bans death for child rape

Praxius

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Dec 18, 2007
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http://news.bbc.co.uk/2/hi/in_depth/7473780.stm

The US Supreme Court has struck down a law that would have allowed the execution of someone convicted of raping a child.


The court said the Louisiana law would have violated the US constitution's ban on "cruel and unusual punishment".

"The death penalty is not a proportional punishment for the rape of a child," wrote Justice Anthony Kennedy in his majority opinion.

The justices voted 5-4 in favour of striking down the law.

The ruling means that a Louisiana man convicted of raping his stepdaughter in 1998 will not now face the death penalty.

'National consensus'

The US Supreme Court struck down a law allowing the death penalty in cases of adult rape in 1977, but five states still allowed execution when a child rape had been committed.

Citing the 45 states who had imposed bans on execution for child rape, Justice Kennedy wrote in his opinion that "there is a national consensus against capital punishment for the crime of child rape".

Writing on behalf of the minority of justices who opposed the decision, Justice Samuel Alito said: "The harm that is caused to the victims and to society at large by the worst child rapists is grave.
"It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty."

Opinions?
 

#juan

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I'm trying to think of a crime worse than the rape of a child. Is there anything worse?
 

Praxius

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I'm trying to think of a crime worse than the rape of a child. Is there anything worse?

Would you like an actual answer to that?

I've got quite the imagination, I'm sure I could come up with a few things which could "Technically" be much worse..... not to trivialize Sexual Assault on a Minor, because it's still not that great of thing for sure..... but I imagine I could top it with a few other things. (If I put my mind to it)
 

#juan

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Would you like an actual answer to that?

I've got quite the imagination, I'm sure I could come up with a few things which could "Technically" be much worse..... not to trivialize Sexual Assault on a Minor, because it's still not that great of thing for sure..... but I imagine I could top it with a few other things. (If I put my mind to it)

We can all think of something a little worse.........The rape and murder of a child would be at the top of my list.......Keeping in mind that some children never really get over being raped so their whole life is screwed up.
 

karrie

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Putting the rape of one segment of society ahead of that of another segment, is discriminatory, and makes light of the horror visited upon those who warrant a lighter sentence. Any person who goes out and rapes someone, anyone, anywhere, should always be held to the same high sentencing standard. Making one segment more lucrative to rape because we're not going to be as stiff in the sentencing isn't okay.

And juan... do you know ANYone who's ever been raped, who's 'gotten over it'?
 

Praxius

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We can all think of something a little worse.........The rape and murder of a child would be at the top of my list.......Keeping in mind that some children never really get over being raped so their whole life is screwed up.

Some? I'd say all of them never get over something like that. They may learn to adjust and accept what has happened and moved on, but I don't think they'd ever get over that.....

That's like someone walking up to you on the street and taking a swing with a battle axe to your leg without warning.... You'll wonder wtf did you ever do to diserve that, and chances are you might never get an answer..... all you know is you gotta hobble to the ER pretty quickly with your leg on ice.

But I don't think I've ever met anyone (whom I directly talked about their past experiences of the above) who could just shrug it off or easily talk about it, even years or decades later..... it's a permanent scar etched in their memories. Some learn how to adapt and deal with the pain to be able to live a semi-decent life, but I doubt they ever got over it.
 

Risus

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May 24, 2006
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This is another example of how utterly stupid the justice system is in the US (as well as canada)
 

talloola

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The rape of a child is 'horrible', but not more horrible than the rape of a woman.

If the rapist knew he would be put to death for the rape, then he might as well go
one step further and murder the child/woman, which he could 'possibly' fight in court and
'not' get the death sentence, or, never be caught, as there would be no witness.
 
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lone wolf

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The rape of a child is 'horrible', but not more horrible than the rape of a woman.

If the rapist knew he would be put to death for the rape, then he might as well go
one step further and murder the child/woman, which he could 'possibly' fight in court and
'not' get the death sentence, or, never be caught, as there would be no witness.

Rape of a woman is terrifying because she has utterly lost control. I agree, she's going to feel defiled, dirty and all the nastiest adjectives you can think of ... but most times, the sex act isn't new. A big bonus for her is she'll remember. Yes, she'll relive it many times, but it's not hidden away in the subconscious dominating every part of her life.

A child on the other hand - especially a very young one - can defend only by pretending it isn't happening - projecting. Once that happens, the kid's inner self will most likely spend the balance of a lifetime trying to re-integrate with a part he/she doesn't even realize exists. There is where the rape of a child is more life defining - and horrible. There is nothing so heart rending as a person who has lost vital pieces of themselves. Sometimes death is merciful.
 
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Scott Free

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I should think the law wouldn't be enacted only because being put to death isn't cruel and unusual enough! Many wondrous and marvellous methods of death have been devised by the Catholics over the years and they seem appropriate for a child rapist. It would be a shame IMO to let all that knowledge go to waste when clearly there is still a use for it.
 

talloola

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Rape of a woman is terrifying because she has utterly lost control. I agree, she's going to feel defiled, dirty and all the nastiest adjectives you can think of ... but most times, the sex act isn't new. A big bonus for her is she'll remember. Yes, she'll relive it many times, but it's not hidden away in the subconscious dominating every part of her life.

A child on the other hand - especially a very young one - can defend only by pretending it isn't happening - projecting. Once that happens, the kid's inner self will most likely spend the balance of a lifetime trying to re-integrate with a part he/she doesn't even realize exists. There is where the rape of a child is more life defining - and horrible. There is nothing so heart rending as a person who has lost vital pieces of themselves. Sometimes death is merciful.

In my opinion one cannot decide which one is worse than the other, or, how each
person, be it child or woman will absorb the act and carry it forward, that is an
individual matter, so I stand with my opinion above.
The point is, should it be the death penalty, and I still stand with my opinion above.
If you knew that the victim you just raped might identify you, and you will pay with
your life, why not 'kill' her, so I would be against the death penalty for rape, for
the sake of the victim, at least she will be alive to 'heal', not dead, to bury.
 

lone wolf

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In my opinion one cannot decide which one is worse than the other, or, how each
person, be it child or woman will absorb the act and carry it forward, that is an
individual matter, so I stand with my opinion above.
The point is, should it be the death penalty, and I still stand with my opinion above.
If you knew that the victim you just raped might identify you, and you will pay with
your life, why not 'kill' her, so I would be against the death penalty for rape, for
the sake of the victim, at least she will be alive to 'heal', not dead, to bury.

You are entitled to your opinion. Whether it is based on experience is not a thing I know, and certainly nobody can grant themselves the luxury of judging one person's particular brand of agony to be any less or greater than another. I base mine on those which I have seen and been confounded by myself.
 

talloola

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You are entitled to your opinion. Whether it is based on experience is not a thing I know, and certainly nobody can grant themselves the luxury of judging one person's particular brand of agony to be any less or greater than another. I base mine on those which I have seen and been confounded by myself.

I have never been raped, but when i was 14 and walking home about 9 oclock in the
evening, I was approached by a large man, who stepped right in front on me, look down
into my face, and said "you aren't going to give me any trouble are you", and in a flash
I heard a very loud 'scream', and realized it was me, and the next thing he bolted off
down the road, and I ran home like a deer. Police were called, but nothing more happened, and he was never found, my instinct to scream, (which I had no clue I had
as I thought I was a tough cool female who didn't scream at anything), saved me, and
I will never forget that moment, so, that is as close as I can come to imagining what
I would have felt, (after the fact), if he had have raped me, cause I sat talking to the
police, feeling very scared, but relieved, as I had a little taste of terror, and it
taught me to 'be on guard', and take care of myself, a very good lesson, learned the
hard way, but no harm done.

Don't put rapists to death, it won't stop the rapes, but the rapists will start
murdering their rape victims.
 
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L Gilbert

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Would you like an actual answer to that?

I've got quite the imagination, I'm sure I could come up with a few things which could "Technically" be much worse..... not to trivialize Sexual Assault on a Minor, because it's still not that great of thing for sure..... but I imagine I could top it with a few other things. (If I put my mind to it)
Me, too. For instance the rapes of 2 or more kids.
 

L Gilbert

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We can all think of something a little worse.........The rape and murder of a child would be at the top of my list.......Keeping in mind that some children never really get over being raped so their whole life is screwed up.
Yeah, rape and murder of a child/children is a bit worse but then the child wouldn't be screwed up for a lifetime. I can't think of any other personal crime that'd be worse. And not only that but how do you think the child's parents feel? Other relatives and friends? As far as I am concerned rape has about the farthest reaching effect of all personal crimes. Weigh that into "technically", Prax. What effect would that child have had on others' lives if they hadn't been raped?
 

L Gilbert

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Lone Wolf has the right idea: let the GP deal with the perps.
If the courts can't deal sensibly with the issue, I agree. As far as I am concerned no amount of jail time can suffice for the torment the children and their families and friends go through.
Besides that, the courts seem to be quite forgiving about crimes. Criminals get out after a third of their sentence. And people who prey on kids aren't likely to be rehabilitated either.
 

Scott Free

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The problem is that the crime is seen as against the state not the person. If you want personal satisfaction you have to seek punitive damages.

As long as we are chattel and the property of a state we will never see real justice. Justice is whatever will restore liberty and dignity to the victim (not their supposed owner). In the case of child rape I can see nothing that would restore both better than the perpetrators death. How terrible it must be knowing this person could perpetrate their crimes again. Even if he/she had to escape from prison to do so, it would still weigh heavily on the victim I would think. How much easier it must be to know he/she really can't hurt anyone because they are dead. I say kill them for their victims sake! Don't victimize the child twice!

As for argument that the person might kill their victims: it is getting harder and harder to get away with crimes such as these and witnesses don't mean much in a world of DNA. Very, very few child sexual abuse victims are abused by strangers. By far the most likely victimizer is you or someone you bring home. There is little chance putting a child rapist to death is going to cause murders.
 

thomaska

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May 24, 2006
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Lets address some of Justice Kennedy's reasoning here:

"After reviewing the authorities informed by contemporary norms, including the history of the death penalty for this and other nonhomicide crimes, current state statutes and new enactments, and the number of executions since 1964, we conclude there is a national consensus against capital punishment for the crime of rape."

By who, numbnuts? Did they actually poll the rapists to get these numbers?


"We cannot dismiss the years of long anguish that must be endured by the victim of child rape. It does not follow though, that capital punishment is a proportionate penalty for the crime."

The rape of a child, often by a person in a position of high trust or fidelty, has effectively "killed" that child. The child that was raped is gone, replaced by a doppleganger that will forever have a rift in their soul, never able to fully trust or love another human the way they were intended to do.

"The constitutional prohibition against excessive or cruel and unusual punishments mandates that the State's power to punish be exercised within the limits of civilized standards."

"Rapists's Rights Bill 001". Pure and simple. The puishment should fit the crime. I read the above statement as follows: "We really need to worry more about what other countries and people think of us, rather than protecting our own most ****ing innocent , helpless, defenseless citizens"

"Our concern here is limited to crimes against individual persons. We do not address, for example, crimes defining and punishing treason, espionage, terrorism and drug kingpin activity, which are offenses against the state. As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim's life was not taken."

Once again, I hold that the person who was raped is effectively dead, so shut the **** up, Kennedy.

"By, in effect, making the punishment for child rape and murder equivalent, a state that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim."

This is possibly the most assinine thing to fly out of his dirty liberal pie hole. Lets look at it like this assclown; "Their is a 0% rate of recidivism for those who have recieved the death penalty". Look, an absolute, just like China was looking for the other day!

"Society's desire to inflict the death penalty for child rape by enlisting the child victim to assist it over the course of years in asking for capital punishment forces a moral choice on the child, who is not of mature age to make that choice."

Choice? Choice, you inhuman sewage spewer? Were they of a ****ing mature age to have a choice when they were raped sodomized, and beaten? The girl who was raped in this case was brutalized so badly she had to have surgery to live! An eight year old girl who was raped so brutally, that the back wall of her vagina was torn and her rectum was protruding into her vagina through the tear???!!! Please get off the bench, come down here, where the normal people are, and have a look around will ya?

"With respect to deterrence, if the death penalty adds to the risk of non-reporting, that too diminishes the penalty's objectives."

Because without the death penalty involved, child rapists are lining up at police stations around the country to turn themselves in, right? ****ing idiot.