Louisiana sentenced Patrick Kennedy, right, to die in 2003 after he was convicted of raping his 8-year-old stepdaughter.
Louisiana prosecutors say the attack, which happened in the girl's bed, caused severe emotional trauma and internal injuries which required extensive surgery.
The girl lived, but the sentencing imposed is not in violation of the law, according to the Lousiana Supreme Court.
Although the U.S. Supreme Court reinstated the death penalty in 1976, it was specified in 1977 that a person who raped an adult female could not be executed.
The court will now decide if the death penalty applies to rape of children.
If Kennedy, 43, is executed, it will be the first time in 44 years someone was put to death for a crime in which the victim did not die.
Opponents of the death penalty have said if the Louisiana law stands, there will be nothing to stop a child rapist from killing his victim. Also, the message sent to a victim will be that his or her life is over because of the rape.
Supporters of the Louisiana law argue, however, that there is no crime, other than murder, worse than the rape of a child and that those found guilty of the crime should be punished with the harshest punishment available if the circumstances were particularly heinous.
Louisiana, Texas, South Carolina, Oklahoma and Montana all have the death penalty for the crime of rape, but none except Louisiana has enacted the law. The state has one other inmate on death row besides Kennedy for the crime.
Currently, there is no indication of how the justices will rule.
~Chandra
Why is it that America's answer to deviant behavior is to kill, kill, kill? We must be a blood thirsty people. We best look for the causes of deviant behavior.
And yes, the law does not kill, only people who consent and administer the death potion are doing the killing. Thus they are personally resposible for a death. This not to condone deviant behavior but suggest we to look for ways to prevent it.
Posted by: Oliver | April 19, 2008 at 12:34 PM
we need stricter laws in american like some other countries have. whatever a criminal does, he should have done to him. this needs to stop. it's out of control in this country and it's because we slap their hands and let 'em go again. it's time for some drastic changes in america as we are going down the tubes fast. as far as a child paying the adult price for a crime...definetely. if they are old enough to make choices like that, they are old enough for the punishment, which are NOT strict enough in the good 'ole USA. there are countries where sex crimes on children happen only once in a great while because the punishment is so severe. All crimes need harsher consequences and there wouldn't be a society filled with so much crime as we have here.
Posted by: sheryl | April 20, 2008 at 08:33 AM
The best ways to prevent deviant behavior is not new laws; we have enough of those already. The best way is for parents to teach their children moral values so that as they grow in years they will live a moral life. And yes (very important) the parents must set a moral example in all that they do. A child learns values from their parents from a very young age.
Posted by: Oliver | April 24, 2008 at 06:45 AM
"The best ways to prevent deviant behavior is not new laws; we have enough of those already. The best way is for parents to teach their children moral values so that as they grow in years they will live a moral life. And yes (very important) the parents must set a moral example in all that they do. A child learns values from their parents from a very young age."
Right on!
Posted by: Oliver | May 25, 2008 at 05:17 PM
yes, new laws are the answer. some children do not have parents setting examples for them. moral values do not exist in some homes, so why should innocent people have to pay for that. stop slapping the hands of violent offenders and violent crimes would decrease.
Posted by: sm | January 27, 2009 at 01:17 AM