Florida law now allows for child rapists to be sentenced to death, a measure that came into effect this week.
Child Rapists Could Face Death Penalty Under Florida Law That Took Effect This Week
A Florida law that went into effect this week is targeting child rapists and challenging a Supreme Court ruling that prohibits states from executing child rapists when the victim survives.
The legislation, signed by Gov. Ron DeSantis in May, allows for the death penalty to be imposed when the victim in a sexual assault case is under the age of 12, according to WJXT-TV in Jacksonville.
DeSantis, who is now a Republican presidential candidate, expressed his intention to challenge the 2008 Supreme Court ruling that banned executions for child rape when the victim survives.
“We think that decision was wrong,” he said, according to USA Today.
Since 2008, the composition of the Supreme Court has changed, and recent rulings on various issues have indicated a conservative majority that could potentially shift existing precedents.
“This bill sets up a procedure to be able to challenge that precedent and to be able to say that, in Florida, we think that the worst of the worst crimes deserve the worst of the worst punishment,” the governor stated, according to The Associated Press.
If this law is applied in a child rape case, it can be appealed to the U.S. Supreme Court through the Florida Supreme Court.
The law grants judges the discretion to impose the death penalty if at least eight members of a jury vote in favor of it, as reported by the South Florida Sun-Sentinel.
“The perpetrators of these crimes are oftentimes serial offenders,” DeSantis emphasized when signing the bill into law, according to CNN.
DeSantis celebrated the implementation of the new law in a social media post on Tuesday.
Florida’s law allowing the death penalty for child rapists is now in effect.
The minimum sentence is life in prison without parole. In Florida, anyone who harms children in such a horrific way will never walk free.
— Ron DeSantis (@GovRonDeSantis) October 3, 2023
However, critics argue that the Florida law contradicts the 2008 Supreme Court ruling in Kennedy v. Louisiana that invalidated a similar law, citing the Eighth Amendment’s prohibition of ”cruel and unusual punishments.”
The Supreme Court ruled in Kennedy v. Louisiana that the death penalty is not an appropriate punishment for child rape. This new law will undoubtedly be challenged, as it violated the Kennedy decision.
Florida should be fixing its death penalty, not further complicating it.
— Suzuki Nathie (@SkoczSteven) October 4, 2023
Maria DeLiberato, executive director of Floridians for Alternatives to the Death Penalty, acknowledged that while the law is now in effect, it will not immediately impact anyone, according to WJXT.
“The legislature, to their credit, acknowledged that when they passed it right, they said, ‘We know this isn’t the law, we just hope the law will get change,’” she explained.
DeLiberato expressed concerns about the potential impact on victims of child rape.
“You’re also dealing with a living victim who would have to be a part of the inevitable decades-long death penalty process. A death penalty case is not quick. It doesn’t go away quickly. It languishes for years and years and years,” she said.
Noting that statistics show child sexual abuse often involves abusers who are known to the child and are frequently family members, DeLiberato argued that the complex web of relationships adds another layer of complexity to a death penalty case.
“So now, you’ve got this whole dynamic where a child is going to bear the weight of a possible death sentence to a neighbor, an uncle, grandfather, something that someone that they know that everybody in their family is not going to feel the exact same way about,” she explained.
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The post Child Rapists Could Face Death Penalty Under Florida Law That Took Effect This Week appeared first on The Western Journal.
What are the potential consequences for those who abuse and exploit vulnerable individuals under the new law?
Uch a heinous way will face swift and severe consequences. We will never tolerate the abuse and exploitation of our most vulnerable. pic.twitter.com/SlpHbVxz6B
— Ron DeSantis (@GovRonDeSantis) September 27, 2023
According to the new law, the minimum sentence for child rapists is life in prison without parole. However, if the death penalty is imposed, it will be reserved for the most extreme cases where the victim is under the age of 12. The law aims to protect children and send a strong message to those who commit such heinous crimes.
While the implementation of this law has sparked debate and controversy, proponents argue that it serves as a necessary deterrent and ensures justice for the victims. In the past, the Supreme Court has expressed concerns about the constitutionality of using the death penalty in cases where the victim survives. However, with the composition of the court changing and recent rulings indicating a shift towards conservatism, there is a possibility that the precedent set in 2008 could be challenged.
Opponents of the law argue that the death penalty is a disproportionate punishment for child rape and that it does not align with the principles of justice. They assert that focusing on prevention, rehabilitation, and support for victims should be the priority when addressing this issue. They also raise concerns about wrongful convictions and the potential for the law to be used against marginalized communities.
Florida is not the first state to consider imposing the death penalty for child rapists. The Supreme Court ruling in 2008 that banned executions in such cases was based on the argument that the punishment was excessive and violated the Eighth Amendment’s prohibition on cruel and unusual punishment. However, several states have since revised their laws in an attempt to challenge the precedent and impose harsher penalties.
It remains to be seen whether this new law in Florida will withstand legal challenges and whether it will have the desired impact on preventing child rape. The debate surrounding the death penalty and its application in cases of child sexual assault is complex and raises important questions about justice, punishment, and the protection of society’s most vulnerable members.
Regardless of one’s stance on the issue, it is clear that this law reflects a concerted effort to address child rape in Florida and send a strong message to perpetrators. With the implementation of this law, Florida joins a small number of states that have chosen to take a hardline stance against child rapists, opting for the ultimate punishment in the most extreme cases.
As the legal and moral implications of this new law continue to be debated, the focus should remain on preventing such heinous crimes and providing support and justice to victims. The implementation of this law should serve as a reminder of the importance of protecting children and working towards a society free from the horrors of child sexual abuse.
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