South Carolina Attorney General Alan Wilson has joined 19 other attorneys general in calling for the U.S. Supreme Court to reconsider its 2008 decision in Kennedy v. Louisiana, which prevents states from imposing the death penalty for child rape when the victim survives.
The coalition sent a letter to the Department of Justice and the White House General Counsel’s office, arguing that the Kennedy ruling was incorrect and that capital punishment should be available for what they describe as “the most horrific crimes against children.”
Attorney General Wilson stated, “The Supreme Court got it wrong in 2008. For too long, child predators have been shielded from the full weight of justice. Anyone who rapes a child commits one of the most monstrous crimes imaginable, and they should face the most severe punishment the law allows. South Carolina will never side with predators. We will always fight to put the safety of children above the interests of criminals, and we are standing with other states to restore this critical authority.”
According to the letter, Kennedy removed an important tool for states seeking to punish and deter those who commit severe sexual assaults against children. The attorneys general argue that this decision failed to recognize both the extent of harm suffered by victims and states’ ability to protect vulnerable citizens. They maintain that under the Eighth Amendment, capital punishment is not prohibited for child rape cases.
The group also noted that since 2008, several states have continued efforts to pass laws allowing capital punishment for aggravated child rape. This ongoing legislative activity is cited as evidence that there is no national consensus against such penalties and that new statutes differ from those previously invalidated by Kennedy.
The full text of their letter can be found online.
