US:THE UNITED States supreme court has banned the execution of people convicted of raping a child, declaring that imposing the death penalty in such cases violates a constitutional ban on "cruel and unusual punishment".
In a 5-4 decision, the court struck down a Louisiana law that provides for capital punishment for the rape of a child under 12. Five other states have similar laws.
"The death penalty is not a proportional punishment for the rape of a child," Justice Anthony Kennedy wrote in his majority opinion.
The court banned executions for the rape of an adult woman in 1977 but Patrick Kennedy was sentenced to death after he was convicted in 2003 of raping his stepdaughter outside New Orleans. A second Louisiana man, Richard Davis, was sentenced to death last December for repeatedly raping a five-year-old girl after prosecutor Lea Hall told jurors: "Execute this man. Justice has a sword and this sword needs to swing today."
The supreme court ruled yesterday that in crimes against individuals death sentences should be reserved "for crimes that take the life of the victim". This still leaves open a possible death sentence in cases of treason.
Justice Kennedy said that allowing the death penalty for child rape would force the victim, who would be required to testify, to face "a moral choice" at too young an age.
Justice Samuel Alito wrote in his dissenting opinion that there was a trend towards imposing the death penalty for child rape, even if only six states had enacted such a law.
"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," he wrote.
