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
