MONTGOMERY, Ala. (AP) — The state of Alabama has joined a growing number of Republican-led states seeking to revive the death penalty for child rape, a sentence outlawed by the U.S. Supreme Court in 2008.
Alabama approved legislation Thursday to add rape and sexual torture of a child under 12 to the narrow list of crimes that could draw a death sentence.
The Supreme Court in 2008 ruled that such sentences were not a “proportional punishment” and would violate the Eighth Amendment’s ban on cruel and unusual punishment.
Republican Rep. Matt Simpson, a former prosecutor who is sponsoring the legislation, said getting the Supreme Court to revisit the constitutionality issue will require getting a test case to the high court. He hopes that will happen if enough states pass similar legislation.
“This is the worst of the worst crime. It deserves the worst of the worst punishments,” Simpson said.
Five states — Florida, Tennessee, Idaho, Arkansas and Oklahoma — have passed similar bills in the last three years and at least five more have proposed bills, according to the Death Penalty Information Center, which tracks the use of capital punishment across the United States.
Florida Attorney General James Uthmeier in November announced the intent to seek a death sentence for a man indicted on charges of multiple counts of capital sexual battery on a child under 12.
While the Alabama bill passed with widespread support, some lawmakers emphasized that capital punishment for child rape is unconstitutional and taxpayers would have to foot the bill for any court challenge.
Robin M. Maher, executive director of the Death Penalty Information Center, said there are concerns that such laws could cause children harm instead of protecting them.
Writing for the majority opinion in 2008, Justice Anthony Kennedy wrote that the prospect of a death sentence for the perpetrator might discourage reporting by victims or “may remove a strong incentive for the rapist not to kill the victim.”
“The court recognized that these statutes do more harm to children than help them. They actually place them in grave danger of being killed,” Maher said.
The Alabama Senate on Thursday voted 33-1 for the bill. Alabama Gov. Kay Ivey said she will sign the bill into law because,” we have to do everything we can to protect Alabama’s children.”
While the bill is currently unconstitutional, Republican Sen. April Weaver likened it to state abortion bans that were considered unconstitutional until the U.S. Supreme Court in 2022 overturned Roe v. Wade and again allowed states to prohibit abortion. The Alabama legislation won approval after a headline-making case of an alleged child sex trafficking ring in Bibb County. Prosecutors said at least 10 children, some as young as 3, were subjected to rape and torture in an underground bunker.
“I believe there’s a special place in hell for people who do this to our children, and today, we’re one step closer to having a special place for them in Alabama, and that’s on death row,” said Weaver, who represents Bibb County.
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