Death Penalty for Child Rapists/Killers-Texas

[Terminal Est]

A new law which is being considered to pass in the State of Texas, concerning the consequences of child abuse.

Read on.

Texas to pass a version of "Jessica's law"
May 19, 2007, 1:29AM
'Jessica's Law' bill heads to governor's desk


By POLLY ROSS HUGHES
Copyright 2007 Houston Chronicle Austin Bureau

AUSTIN — The state's get-tough "Jessica's Law," which allows juries to give the death penalty for those who twice commit the most severe forms of child rape, is on its way to Gov. Rick Perry.

By a 122-17 vote, the Texas House today quickly approved compromise legislation targeting child predators with longer sentences for a range of sex crimes against children.

"It will make Texas safer for children and more dangerous for their predators," said bill sponsor Rep. Debbie Riddle, R-Tomball.

If Perry signs the bill, as expected, Texas could become the sixth state to pass a law allowing the death penalty for certain sex crimes against children.

It also joins more than a dozen states that have adopted get-tough laws against child sex predators in memory of 9-year-old Jessica Lunsford of Florida.

Jessica, in a case that reverberated far outside Florida, was kidnapped from her trailer home in 2005 by a convicted sex offender who raped her and buried her alive, still clutching a cherished stuffed animal.

Yet as lawmakers passed the final version of the bill, Sen. Rodney Ellis, D-Houston and Rep. Lon Burnam, D-Fort Worth, raised objections to expanding the death penalty in Texas, which leads the nation in executions.

"I rise to speak against this bill," said Burnam. "It's just one more example here in the Texas Legislature where we think we have some sort of God-given right to intercede and kill another human being. That is flawed thinking."

Whether the death penalty for crimes other than murder would be upheld as constitutional by the U.S. Supreme Court remains to be seen.

In a 1977 ruling, the court banned its use in the rape of a 16-year-old, stressing that death should be reserved for those who take a life.

Several legal scholars also have raised doubts, pointing to the high court's recent restrictions barring the execution of the mentally retarded and those who were minors when a crime was committed.

The compromise version adopted Senate language that would give prosecutors the option of seeking the death penalty when the law takes effect in September.

Senate author Bob Deuell, R-Greenville, and Dewhurst said it would count the first child rape with aggravating circumstances, even if it occurred before the law's passage.

The Texas bill reserves death for those who twice rape children age under age 6, or younger than 14 if the crime also involves the use of a deadly weapon, alcohol or drugs, death threats, bodily injury, kidnapping or gang rape.

It also creates a new offense, urged by prosecutors but decried as unfair by defense lawyers, for "continual sexual abuse of a child or children" over a period of 31 days or more.

The new offense would include two or more crimes involving aggravated sexual assault, sexual assault, indecency, forcing a child into prostitution or pornographic sexual performances and kidnapping or burglary with the intent to sexually abuse a child. Indecency is defined as touching below the waist.

The compromise includes a "Romeo and Juliet" clause, making it an affirmative defense against prosecution for "continual sexual abuse" if the defendant is not more than five years older than the victim and the sexual activity is consensual.

Forcing a child into prostitution would be a first degree felony carrying a maximum sentence of 99 years. Using a child for pornography would be a second-degree felony with a maximum 20-years sentence.

The statute of limitations would be lifted for sex crimes against children under age 17.

polly.hughes@chron.com


Any thoughts, or comments?

I shall add mine later.

[Captain Killa]

A very controversial move, and i do agree that death should be reserved for those who take a life. Also sometimes death is thought to be the easy option out, rather than a long time in a packed building of fellow prisoners.

[Snaggle_Tongue]

Rapists ruin someone's life. For some people they may as well have been killed but instead have to live on with that in their history.
Just because they do not kill their body does not mean they do not kill their mind.

[tidus dude]

I think they should recieve the penalty, for the fact that they are either, killing or raping a child. It is nasty, disturbing and just plain out wrong. I think they deserve the highest degree of punishment.

[mstone39]

death is an easy cop out. A long punishment will better hurt anyone espc. in the mind. You take away there brain, then there worst off.

Matt
UMGD

[Terminal Est]

If one removes the brain, then the perpertraitor will not be aware of suffering.

[Revenant]

Hard facts. It would be much less suffering fir child to be first killed and than his brain taken out.

Sex crimes are in big quantities in my country. Against girls mostly. That is a big problem which must be solved first cause I'm very afraid for my close friends' fate.

[Terminal Est]

I agree that such criminals should be punished, however I also believe that we should work against the root of the problem itself. I will not pretend to know specifically what such may be, but there is one indeed.

But, people do not care for facts or solutions, they just want blood. A pipe dream indeedy.

[Revenant]

Blood..........So much madness! I realy wish it stoped................