FL: Bills filed in both the Florida Senate and House that would allow the death penalty for child rapist

Source: firstcoastnews.com 3/1/23

The bill would allow people convicted of raping children to be executed on a non-unanimous jury vote of 8-4.
 
JACKSONVILLE, Fla. — Accused child rapists face the death penalty under a bill filed Wednesday by two Republican lawmakers.

Twin proposals were introduced in the Florida House and Senate to allow people who rape children under the age of 12 to be executed. 

The House version was filed by new Jacksonville Rep. Jessica Baker, a prosecutor in the 7th Circuit. The Senate version was filed by Sen. Johnathan Martin, a former prosecutor in the 20th Circuit and Chair of the Senate Criminal Justice Committee

Rep. Jessica Baker (R-Jacksonville) proposed the House version of the bill.
Both bills say death is warranted because, “such crimes destroy the innocence of a young child and violate all standards of decency held by civilized society.”

The bills (HB 1297 and SB 1342) contravene decisions by both the Florida Supreme Court and the U.S. Supreme Court, which found death in capital sexual battery cases cruel and unusual punishment. It’s not clear if either court would uphold those decisions today, since the political makeup of both have changed dramatically since they were handed down.

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The SCOTUS already decided that this is unconstitutional. So much for FL and the Republican party being the party of law and order.

I can see the anger and attempted justification for this in circumstances of “forceable, violent, controlled harmful demanding” rape. I don’t agree with it in purely statutory circumstances. There are differences. These factors need to be considered. What is a horrible trauma to 1 may be nothing more than a shoulder shrug to many others.

Interesting to see that FL wants to make child murder a punishment free crime, under certain circumstances. If someone abducts and rapes a child, they will execute that person! However if after the rape, the abductor murders the child…FL will….execute that person….twice!!!! That’s right, first they will execute this person for the rape…then bring them back to life…then execute them again for the murder! They may do it the other way around…but they will still be executing people twice!

Perhaps, instead of a double execution of a single person…they will…really really execute these people? Like if you just murder…or just rape….then you get a regular execution…but do both and they will get medieval on your hinney? Perhaps…that’s what they plan…as opposed to intra-execution resurrections?

They’ll only “Kinda” execute them to begin…then for real the second time? So a different version of torture? Perhaps they will wait years between the two events. You know, give the condemned a chance to think about what will happen the next time? So psychological torture on top of the physical?

Trying to figure out what the penalty for murder is in this scenario. Also, trying to figure out how this doesn’t actually encourage murder…considering there really is no consequence for it. Maxed out with the rape…so everything after that is a freebie!

As I recall, my recollection being anything but perfect, this was part of the reason SCOTUS shot this idea down when it last appeared before them? Is that right, or am I giving SCOTUS too much credit for rational behavior?

These lawmakers are only doing this because of the new makeup of SCOTUS. This is a “retest” of the Supreme Court decision that reserved the death penalty only for those convicted of homicides. Sadly, I can see the new SCOTUS allowing the Florida law to stand, and where does it go from there? What other crimes will be added to the list? Producing cp? Offenses involving viewing cp that involves violence and rape? These kind of add on laws never stop.

Very interesting – Let’s compare State’s laws

Florida death penalty for rape of a child

Colorado “no jail time” for rape of a child
Read here —> Colorado woman faces no jail time for statutory rape, pregnancy by 13-year-old boy: report | Fox News

Can we say equal justice??

  1. In murder convictions, at the very least it’s nearly always true that at least a crime occurred—a body is almost always found, especially in DP cases, with clear trauma. “Child rape,” where the witness is typically under 12, is far less reliably reflecting the occurrence of anything. If we think men innocent of murder have been executed, the problem will be far more prevalent for executions for child rape.
  2. If a man does rape a child, why leave a living witness? (It’s almost as if these legislators haven’t seen Heat.)
  3. Shouldn’t the natural extension of the DP be to attempted murder? If you can be executed for shooting a man who then dies of his wounds, why not for shooting a man (or several people) whom doctors manage to save? As it is, if you open fire at a party and hit 12 guests, all of whom survive, you’ll eventually get out of prison in most states.
  4. “Destroying childhood innocence” is absurd. This is anti-Christian and tantamount to saying a raped child is as good as a dead child. Hogwash. Child rape is abhorrent, but not necessarily more than beating a child half to death, and in neither case is “innocence” on the line.
  5. As said above, child rape is abhorrent. Fortunately, it’s also quite rare. It’s also typically done by the mentally ill or severely cognitively impaired. It’s not an American crisis, and it’s not the type of problem that “sending a message” will solve. The perpetrators are often low IQ drug addicts, or minors themselves, who aren’t reasoning. This law will do absolutely nothing to lower rates of child rape.

Florida will spend millions defending this law in court to appease Q Anoners and other morons and will almost certainly lose. How bloody stupid we are.

SCOTUS has ruled on this issue twice; first in 1977 and again in 2008. This is just a political stunt which will just waste tax payer dollars but expand the political ambitions of the state AG and DeSantis. In 2018 65%, that is right 65%, of the voters agreed with State Constitutional Amendment to restore voting rights to all convicted felons which republican lawmakers ignored. No matter the crime FLORIDA believes you should be punished forever. Is this just Florida or the republican party?

Florida already has a law of molesting/rape a child 12 and under is a capital offense life in prison

If said law passes, rest assured said people would be best to flee to nations outside this country, (Canada or somewhere in Europe) all such places would surly give asylum because none of them give death or even life for typical sex crimes. (Youd have to be John wayne Gacey or Jeffery Dahmer for them to feel it isnt a human rights violation)……………

Two wrongs don’t make a right!

This is just “tough on crime” theater to pad DeSantis’ resume for the WH.

Is this proposed death penalty in Florida intended for crimes of actual forcible rape only, or does it include consensual sex with a minor under age 12 which is deemed to be rape (once upon a time called statutory rape)? Can anyone clarify? Nothing to joke about here.

I guess they don’t realize that passing such draconian laws will actually reduce the reporting of such offenses. I have seen this happen in my work. And here’s what I mean: an uncle, cousin, step-brother engaged in penetrative sex with an 11 year old niece, cousin, step-sibling. Yes, the parents want the perpetrator punished… But they don’t want him DEAD!! 😲 Moreover, how is little Susie or Bobby going to feel knowing that uncle/cousin/step-sibling is ON DEATH ROW as they result of their offense?
The result: Families hesitate to report or reports are retracted.
So do those outcomes serve the purposes of justice?