FL - Joseph Giampa, 36, indicted on six counts of sexual battery of a child, facing death penalty, pleads not-guilty, 2 Nov 2023

[imstilla.grandma]

Citing the "severity of the crime and its impact on the community," Fifth Judicial Circuit State Attorney William "Bill" Gladson announced his office would seek the death penalty for 36-year-old Joseph Giampa. This happened after the Lake County man was indicted on six counts of sexual battery of a child under 12 years old.

The state attorney can seek the death penalty in this case because of a new law that took effect on Oct. 1, 2023. The law permits the death penalty for people who commit sexual battery on children under age 12. However, this measure may draw legal challenges due to U.S. Supreme Court and Florida Supreme Court precedents that have barred death sentences for rapists, according to The News Service of Florida.

According to an arrest affidavit, Giampa was arrested on Nov. 2 for his alleged crimes. The affidavit says deputies with the Lake County Sheriff's Office were called to a home to respond to possible sexual battery. During their investigation, deputies said they found an incriminating video on a laptop found in a camper located at the residence.

The video reportedly showed a child under 12 years old being filmed by Giampa, deputies said. After instructing the child, Giampa continues the alleged sexual battery and reportedly rapes the child, the affidavit explained.

Court records show Giampa has entered a not-guilty plea for the six counts of sexual battery of a child under 12 years of age and three counts of promoting a sexual performance by a child.

Florida man accused of raping child faces death penalty, state attorney says

A new state law that took effect in October allows convicted child rapists to be sentenced to death.

www.wtsp.com

 

[imstilla.grandma]

The United States Supreme Court ruled in 1977 that a death sentence for the rape of an adult woman that does not result in her death is an unconstitutionally cruel and unusual punishment. In 2008, the Supreme Court similarly ruled in Kennedy v. Louisiana that a law making the death penalty an option for the crime of raping a child was unconstitutional. But according to language in the new bill, lawmakers opined that the Court’s ruling in Kennedy was “wrongly decided and that such cases are an egregious infringement of the states’ power to punish the most heinous of crimes.” The bill’s sponsor and a former prosecutor Senator Jonathan Martin told his colleagues that “the most serious crime like sexual battery on a child needs the most serious punishment and the most serious penalty and the most serious deterrent.” The bill passed the Florida legislature with bipartisan support and was passed in the same legislative session as a bill to lower the threshold for death penalty recommendations by Florida juries from unanimous to a vote of 8-4.

https://deathpenaltyinfo.org/news/florida-prosecutors-seek-first-death-sentence-under-new-child-sex-abuse-law

 

[tlcya]

They say Giampa was previously convicted of another felony involving the use or threat of violence against a person, the victim in this case was particularly vulnerable due to age, the nature of the case was especially heinous, atrocious or cruel, and the crime was allegedly committed for monetary gain.
Death penalty sought in Lake County child rape case, a first for Florida

“The decision to pursue the highest penalty reflects the gravity of the charges and the State Attorney’s Office’s dedication to holding criminals accountable for their actions. The office acknowledges the sensitivity of this matter and the impact it has on the community. Their commitment to ensuring justice and protecting the vulnerable remains unwavering,” Gladson said in a statement.
Prosecutor to seek death penalty for Leesburg man charged with sexually battering young girl