Child Rape Tests Limits Of Death Penalty

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"Beyond legal issues, the law is bad policy, an unlikely coalition of social workers and groups that work to prevent sexual assaults told the court.

Her opposition "might seem counterintuitive," Judy Benitez, executive director of the Louisiana Foundation Against Sexual Assault, said in an interview. "But our great fear is that it will increase underreporting" of the crime.

She said the "vast majority" of sexual assaults against children are committed by a family member or friend, and that other family members would be unwilling to turn over the rapist if the death penalty might be carried out.

Additionally, the imposition of the death penalty means that abusers face no greater penalty for raping and killing their victims than for solely raping them, she said."

I see her point...
 
I too see her point but IMO a pedophile is not necessarily a murderer.
I do not believe that just because one is a pedophile means they would kill someone. So there is a flaw with her argument.
I am perfectly content with locking pedophiles away for life... but life needs to really mean life... till the day they die NO parole. I think that should be for all pedophiles the first time they are convicted.
 
I am against the death penalty for child rape because with nothing more to lose, these freaks will just kill their victims rather than risk being identified. Murder still has to be the one crime that receives the death penalty above all others. Out of desperation, I believe many of these pedos would kill. We can't risk that.

Eve
 
I am against the death penalty, so I am certainly against expanding it's reach. I would like to see more of a focus on putting rpists in jail for life and have it really mean that.

This is an important decision and it will be interesting to see what the court does.
 
Amraann said:
I am perfectly content with locking pedophiles away for life... but life needs to really mean life... till the day they die NO parole. I think that should be for all pedophiles the first time they are convicted.
Click to expand...
I agree!:mad:
 
Amraann said:
I too see her point but IMO a pedophile is not necessarily a murderer.
I do not believe that just because one is a pedophile means they would kill someone. So there is a flaw with her argument.
I am perfectly content with locking pedophiles away for life... but life needs to really mean life... till the day they die NO parole. I think that should be for all pedophiles the first time they are convicted.
Click to expand...

Same here. Well said, Amra.
 
Amraann said:
I too see her point but IMO a pedophile is not necessarily a murderer.
I do not believe that just because one is a pedophile means they would kill someone. So there is a flaw with her argument.
I am perfectly content with locking pedophiles away for life... but life needs to really mean life... till the day they die NO parole. I think that should be for all pedophiles the first time they are convicted.
Click to expand...

A pedophile IS a murderer...A murderer of innocence anyway.
I see your point though.
1st time convicted should be the LAST time!
 
White Rain said:
A pedophile IS a murderer...A murderer of innocence anyway.
I see your point though.
1st time convicted should be the LAST time!
Click to expand...

I agree, but a potential death sentence will encourage pedos to kill their victims. I have heard victim's group are against the dp for this crime for that reason. I think their position makes sense. Also unfortunately, as much as it pains me, in our legal system prosecutors have to use lesser sentences as bargaining/leverage devices at times, for the greater good. There are pedophile/abduction situations where a mandatory dp would lead to a child's certain death.

Eve
 
eve said:
I agree, but a potential death sentence will encourage pedos to kill their victims. I have heard victim's group are against the dp for this crime for that reason. I think their position makes sense. Also unfortunately, as much as it pains me, in our legal system prosecutors have to use lesser sentences as bargaining/leverage devices at times, for the greater good. There are pedophile/abduction situations where a mandatory dp would lead to a child's certain death.

Eve
Click to expand...
what would life without parole do? if a man rapes a 6 year old and knows if caught and convicted he will stay in prison til the day he dies might he kill the child? what if he knew he would stay in prison for 20 years no matter what?

i think the type of man that will kill a child after they have ripped their small bodies apart with a rape does not view the child as a person. the perverts willing to kill a child to avoid the DP will kill a child to avoid life without parole or even a long jail term. is the answer to give a lighter sentence in hope they will not kill the child and only continue to rape countless children?
 
I think if this country actually used the DP without years and years of appeals, then it would be a deterrent to crime (IMO). Our criminal justice system is a joke with all the plea bargains, paroles, early releases, etc.....
We need to seriously look at the whole process for any difference to be made.

While I have not in the past believed in capital punishment, I am finding myself sway with age. Being a victim of child rape by a stranger, I'm just at a place now where I say kill 'em.

Save the paroles & such for those folks who can actually be rehabilitated.
Maybe, if we were serious about it, those pedophiles would value their own lives enough to not act on their instincts.

I dunno, maybe wishful thinking on my part that they could control themselves.
 
sherri79 said:
what would life without parole do? if a man rapes a 6 year old and knows if caught and convicted he will stay in prison til the day he dies might he kill the child? what if he knew he would stay in prison for 20 years no matter what?

i think the type of man that will kill a child after they have ripped their small bodies apart with a rape does not view the child as a person. the perverts willing to kill a child to avoid the DP will kill a child to avoid life without parole or even a long jail term. is the answer to give a lighter sentence in hope they will not kill the child and only continue to rape countless children?
Click to expand...

All I know is that I have read and heard from criminal attorneys, prosecutors and professors that because pedos seem so unable to control or stop the behavior, the dp would just encourage them to kill their victims because criminals still fear the dp above all else. There is something in people that makes them want to live, even if it is in prison. Of course, that does reflect our current system in which true life without parole is somewhat rare.

I think either sentence is somewhat problematic as a deterrent to child rape as long as murder charges can carry lesser sentences or more chances for parole/early release! Does that make sense?

Eve
 
eve said:
All I know is that I have read and heard from criminal attorneys, prosecutors and professors that because pedos seem so unable to control or stop the behavior, the dp would just encourage them to kill their victims because criminals still fear the dp above all else. There is something in people that makes them want to live, even if it is in prison. Of course, that does reflect our current system in which true life without parole is somewhat rare.

I think either sentence is somewhat problematic as a deterrent to child rape as long as murder charges can carry lesser sentences or more chances for parole/early release! Does that make sense?

Eve
Click to expand...

Eve, you and sherri both make very good points. My viewpoint is that the DP or true Life wihtout Parole will never be a deterent for these types of crimes - or any violent crime really. I just highly doubt that we could find one single solitary case where someone was going to kill someone (for whatever reason), but then the thought of the penalty made them choose another course.

I do think people are killed in the commission of violent or sex crimes so that no witness will be left.
 
southcitymom said:
Eve, you and sherri both make very good points. My viewpoint is that the DP or true Life wihtout Parole will never be a deterent for these types of crimes - or any violent crime really. I just highly doubt that we could find one single solitary case where someone was going to kill someone (for whatever reason), but then the thought of the penalty made them choose another course.

I do think people are killed in the commission of violent or sex crimes so that no witness will be left.
Click to expand...
i agree that killers will kill regardless of punishment. the few that really fear the punishment are far outweighed by those who think they will not get caught. i also agree that people kill witnesses to get away with their crimes. they will shoot a store clerk to get away with a robbery of 50 dollars. they kill witnesses in DP state and in those with out the DP or states that claim to have the DP but never use it.

SCM if you see a small child bleeding and alone on a dark country road can you drive past? you do not know why she is there or what has happened to her, only that she is hurt and alone. can you leave her? you do not know if whoever hurt her is nearby. do you leave her to whatever controls fate rather than take a risk and save her? having spoke to you repeatedly i do not think you could leave the child. it is not in your nature.

when a small child is raped by a grown man much pain is involved. the child will cry, scream, and bleed. these men know they have hurt a child but they do not stop. they know if caught they will face prison. they know in prison they may suffer rape themselves. they do not stop. it is in their nature to prey on children. they can no more switch of their desire to harm the child than you can switch off your desire to save the child on the dark road.

the fear of punishment will not stop those that find sexual pleasure in the pain of a young child. life without parole or the DP will only stop those we catch. either would risk children being killed to avoid punishment. after all children are raped and killed in states without the DP regularly. to me it comes down to does the punishment fit the crime.
 
I say kill them, I have no sympathy whatsoever.
 
michelle said:
I say kill them, I have no sympathy whatsoever.
Click to expand...

I have none whatsoever either, michelle, I just do not want one child to die who wouldn't have, because of this. The punishment for murder must always be more severe than that for any other crime, imo. Murder is the bottom line. For some reason, there are many who would rather be in prison forever than get the dp. As for me, I would rather check out than spend a life in prison. Which is I suppose, why I follow the laws, as well as for other reasons. But for some career criminals, prison is sometimes just another arena within which they can function fairly contentedly.

Eve
 
eve said:
I have none whatsoever either, michelle, I just do not want one child to die who wouldn't have, because of this. The punishment for murder must always be more severe than that for any other crime, imo. Murder is the bottom line. For some reason, there are many who would rather be in prison forever than get the dp. As for me, I would rather check out than spend a life in prison. Which is I suppose, why I follow the laws, as well as for other reasons. But for some career criminals, prison is sometimes just another arena within which they can function fairly contentedly.

Eve
Click to expand...
I say kill them, they are wasting our tax dollars and most likely will repeat their perverted acts again. I dont want to see any children die, but I also dont think we should have any tolerance for these pervs at all!
 
sherri79 said:
i agree that killers will kill regardless of punishment. the few that really fear the punishment are far outweighed by those who think they will not get caught. i also agree that people kill witnesses to get away with their crimes. they will shoot a store clerk to get away with a robbery of 50 dollars. they kill witnesses in DP state and in those with out the DP or states that claim to have the DP but never use it.

SCM if you see a small child bleeding and alone on a dark country road can you drive past? you do not know why she is there or what has happened to her, only that she is hurt and alone. can you leave her? you do not know if whoever hurt her is nearby. do you leave her to whatever controls fate rather than take a risk and save her? having spoke to you repeatedly i do not think you could leave the child. it is not in your nature.

when a small child is raped by a grown man much pain is involved. the child will cry, scream, and bleed. these men know they have hurt a child but they do not stop. they know if caught they will face prison. they know in prison they may suffer rape themselves. they do not stop. it is in their nature to prey on children. they can no more switch of their desire to harm the child than you can switch off your desire to save the child on the dark road.

the fear of punishment will not stop those that find sexual pleasure in the pain of a young child. life without parole or the DP will only stop those we catch. either would risk children being killed to avoid punishment. after all children are raped and killed in states without the DP regularly. to me it comes down to does the punishment fit the crime.
Click to expand...

I do agree with you, sherri - particularly the part I highlighted. I do find it interesting however that many child advocate groups think it would be worse for children if rape were a DP crime.
 
southcitymom said:
I do agree with you, sherri - particularly the part I highlighted. I do find it interesting however that many child advocate groups think it would be worse for children if rape were a DP crime.
Click to expand...

I guess this has just been drilled into my head. That, and that murder has to be the bottom line crime. Many criminals I've been familiar with have had a pretty good working knowledge of the criminal codes in their states. They do some calculating of the risk when they commit various crimes, believe me. Also believe it or not, my ex had some sexual predator defendants while a public defender and he said they claimed, at least, that they didn't want to kill the children. He always believed they would have, if they felt they had to, to save their skins, however. If they could, they would let the children go.

Eve
 
Amraann said:
I too see her point but IMO a pedophile is not necessarily a murderer.
I do not believe that just because one is a pedophile means they would kill someone. So there is a flaw with her argument.
I am perfectly content with locking pedophiles away for life... but life needs to really mean life... till the day they die NO parole. I think that should be for all pedophiles the first time they are convicted.
Click to expand...

Bolding mine - I totally agree. It's a bit of a leap from molester to murderer.
 
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