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US Supreme Court bans death penalty for child rape

(Agencies)
Updated: 2008-06-26 10:17

WASHINGTON - The Supreme Court declared Wednesday that executions are too severe a punishment for raping children, despite the "years of long anguish" for victims, in a ruling that restricts the death penalty to murder and crimes against the state.

The US Supreme Court in a file photo. [Agencies]

The court's 5-4 decision struck down a Louisiana law that allows capital punishment for people convicted of raping children under 12. It spares the only people in the US under sentence of death for that crime - two Louisiana men convicted of raping girls 5 and 8.

The ruling also invalidates laws on the books in five other states that allowed executions for child rape that does not result in the death of the victim.

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

Related readings:  Obama disagrees with high court on child rape case  US court mulls death penalty for child rape

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, a factor that weighed in Kennedy's decision.

Rape and other crimes "may be as devastating in their harm, as here, but 'in terms of moral depravity and of the injury to the person and to the public,' they cannot be compared to murder in their 'severity and irrevocability,'" Kennedy said, quoting from earlier decisions.

The victim in the case decided Wednesday was an 8-year-old girl raped by her stepfather at their home in Harvey, La., outside New Orleans.

Angry Louisianans who backed the law said the court was out of touch.

"The opinion reads more like an out-of-control legislative debate than a constitutional analysis," said Louisiana Gov. Bobby Jindal, a Republican. "One thing is clear: The five members of the court who issued the opinion do not share the same 'standards of decency' as the people of Louisiana."

The decision resonated in the presidential campaign, too, where Democrat Barack Obama objected to it. Obama said there should be no blanket prohibition of the death penalty for the rape of children if states want to apply it in those cases.

With the court already on record this term reaffirming the constitutionality of capital punishment in a case dealing with lethal injection, Kennedy dwelt at length on the need to limit the death penalty to the most heinous killings.

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