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Lady Cop
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 Posted: 05:57 pm

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Court upholds death sentence for child rape


POSTED: 10:58 a.m. EDT, May 23, 2007


Story Highlights• Louisiana Supreme Court rules in favor of death penalty for child rape
• Lawyers say test case could go to U.S. Supreme Court
• 1977 ruling says execution is cruel and unusual punishment in sex cases
• Patrick Kennedy, 42, convicted of raping relative as she sorted Girl Scout cookies


NEW ORLEANS, Louisiana (AP) -- Louisiana's Supreme Court ruled Tuesday that a man may be executed for raping an 8-year-old girl, and lawyers say his case may become the test for whether the nation's highest court upholds the death penalty for someone who rapes a child.

Both sides say the sentence for Patrick Kennedy, 42, could expand a 1977 U.S. Supreme Court ruling that held the death penalty for rape violated the Eighth Amendment protection against cruel and unusual punishment. The high court said then that its ruling applied only to adult victims.

Attorney Jelpi Picou, director of the New Orleans-based Capital Appeals Project, said he will ask the Louisiana Supreme Court for a rehearing and, if rejected, will go to the U.S. Supreme Court.

"As horrid as (rape) is and as harshly as we believe it should be condemned, death is inappropriate in this case," Picou said.

Louisiana law allows the death penalty for the aggravated rape of someone less than 12 years old.

"He's the only person in the United States on death row for non-homicide rape," Picou said.

Kennedy was convicted in 2003 of raping a relative as she sorted Girl Scout cookies in the garage of her home in suburban New Orleans. He bragged to one man that the girl "became a lady today," deputies said.

His defense attorney at the time argued that blood testing was inconclusive and that the victim -- who didn't report that Kennedy was her rapist until 21 months later -- was pressured to change her story.

In Tuesday's opinion, Justice Jeffrey Victory wrote, "Our state Legislature and this court have determined this category of aggravated rapist to be among those deserving of the death penalty, and, short of a first-degree murderer, we can think of no other non-homicide crime more deserving."

Victory wrote that the Louisiana law meets the U.S. Supreme Court test requiring an aggravating circumstance -- in this case the age of the victim -- to justify the death penalty.

The governors of South Carolina and Oklahoma signed laws last year allowing the death penalty for people who repeatedly rape children. Richard Dieter of the Death Penalty Information Center in Washington, D.C., said he doesn't know of any successful prosecution under either of those laws.

A bill that would allow the death penalty for a second offense of child rape is awaiting the governor's decision in Texas.

Georgia law allows death as a penalty for rape. Dieter said Florida and Montana also have such laws, but authorities have said the penalty would be invoked only for rape of a child.






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CARLA
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 Posted: 06:24 pm

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I agree raping a child should be a death penalty. It most certainly is for they CHILD if the live through it.

If we don't put the possibility of DEATH as a possible charge for raping our children then what is it about. We need to protect our children from these beast period.


In reality I'm not sure rapist think about much else so death may be OK by them. Either way the bottom line is they can't be cured period. If not the death penalty for raping and murdering our children then what? Life in Prison OK hopefully they will get killed there saving us taxpayers tons of money.

Last edited on 07:00 pm by CARLA




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 Posted: 06:54 pm

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This is WONDERFUL news.  As a survivor of childhood sexual abuse, I know how damaging this act is to a child's body and spirit.

I call this PROGRESS.

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 Posted: 07:27 pm

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In a semi-related story....more good news....

"MySpace has agreed to cooperate with the attorneys general who requested information about sex offenders with profiles on the social networking site...."

http://www.macnewsworld.com/story/57483.html

 

 

Lady Cop
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 Posted: 08:04 pm

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it's going to be interesting to see how the various states enforce this. or not. and whether the supremes uphold it.





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 Posted: 08:43 pm

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Lady Cop wrote:
it's going to be interesting to see how the various states enforce this. or not. and whether the supremes uphold it.

As far as I know, Louisiana is the only state that expressly provides the death penalty for statutory rape. I gather from the article that capital punishment for rape is still on the books in other states, but they haven't tried to use it since 1977. This case looks like the test case. I had been wondering when it would come along.

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 Posted: 08:46 pm

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Oops! South Carolina and Oklahoma have laws similar to Louisiana's. I should read more closely.

Lady Cop
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 Posted: 08:49 pm

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so do florida, georgia and montana.





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 Posted: 09:02 pm

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I haven't checked the statutes, but I read the article to be saying that Florida, Georgia, and Montana have statutes providing the death penalty for rape generally (perhaps pre-1977 statutes that haven't been repealed). In any case, they haven't been used. Of course, the new laws haven't been used either.

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 Posted: 10:35 pm

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What's cruel and unusual punishment is the rape.  I hope all potential rapists get to hear this news soon.  The execution should be broadcast on prime time TV.  It would be an improvement on what is usually shown here in America.

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 Posted: 10:47 pm

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aknow wrote: What's cruel and unusual punishment is the rape.  I hope all potential rapists get to hear this news soon.  The execution should be broadcast on prime time TV.  It would be an improvement on what is usually shown here in America.
:good::smart::bestpost::iagree:


Double bravo!!  For the idea and for the slam on television.  Excellent!  

::appl:: ::appl:: 




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 Posted: 10:50 pm

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Voice Your Protest



Contact Attorney Jelpi Picou at (CLICK) The Capital Appeals Project and let him know how you feel!



He must come to know that the rape of a child is SOUL RAPE and leaves IRREPARABLE DAMAGE upon a child.



Capital punishment is the ONLY just response.



To defend this man is UNCONSCIONABLE.



 



Jelpi Picou, Jr.
Executive Director
jelpip@thejusticecenter.org 




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 Posted: 11:04 pm

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Thanks for that opportunity, Britt.  My email message is sent.




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A hundred criminals may be set free, but one innocent man should not go to prison, for that will make the entire system criminal
~Chief Justice T.L.Venkatraman
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 Posted: 11:10 pm

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UsedToRide wrote: Thanks for that opportunity, Britt.  My email message is sent.

Thank you also, my email message was sent as well.

Dr. Steve


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 Posted: 11:24 pm

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::thumbs::




"All that you have is your soul." --Tracy Chapman

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