Source: alabamareflector.com 8/1/25
Alabama lawmakers are preparing to reintroduce a bill that would make the rape or sodomy of a child a capital offense, punishable by death, state officials said in a press conference Thursday.
Rep. Matt Simpson, R-Daphne, one of the bill’s sponsors, said that while it is “unfortunate” that such a bill is “necessary,” the rape of a child is “the worst of the worst of offenses” and therefore “deserves the worst of the worst punishments.”
HB 29, sponsored by Simpson in the 2024 legislative session, would have given adults who rape or commit sodomy against a child under six the death penalty or life in prison without parole, while those under 18 would receive a life sentence. The bill was amended in House committee to extend the punishment to those who commit such crimes against children under 12 and passed the House on an 86-5 vote, but did not make it to the Senate floor for a vote.
Sen. April Weaver, R-Alabaster, who plans to file a similar bill in the Senate, said that the death penalty is meant as a deterrent.
“The death penalty is meant to be a deterrent, and if passing this bill keeps one innocent child from suffering, it will have done its job, and if it sends even one child predator to an early grave, well, that works too,” Weaver said at the press conference.
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“The Supreme Court acted back in 2008 to invalidate the efforts of states to be able to engage in capital punishment for a case in which there was no death, but there’s a time to reevaluate the analysis that the Supreme Court used, as well as the importance that states have placed upon this issue moving forward,” Marshall said.
Simpson added that the court’s decision in 2008 was based on a lack of states with similar laws, a situation he believes is now changing.
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“Those experts said that making this crime death-eligible would only increase the danger to children and result in reduced reporting of child sex abuse by family members,” Maher said.
An amicus brief filed by the National Association of Social Workers and other organizations in the Kennedy case states that the majority of child sexual abuse is committed by family members or close friends. Victims and their families may be hesitant to report abuse due to fear of the consequences for the abuser, a fear that would be significantly increased by a threat of the death penalty, the brief said.
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The brief also states that death penalty trials would force child victims to “relive painful events repeatedly.” A study cited in the brief found that testifying repeatedly was associated with “poorer later mental health, including more trauma-related symptoms”. The appeals process can last for years, with one study finding the average time between sentencing and execution to be over 12 years.
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” If this bill passes and keeps one child from suffering, it’s done its job or if it sends one child predator to an early grave, that works too.”
Experts say this bill would increase the danger to children, however why would lawmakers listen to those actually experts in the field.
Challenging precedent is a euphemistic way of saying openly defying the constitution.
Good grief, just because other states are doing it, does that mean they should too? Looking at those states who are predecessors to AL, they aren’t exactly shining bastions of stout legal scholar thinking and action. “Kids are strong”…are you going to be there after the court case has been decided, the sentence levied (if found guilty) and carried out with counseling and support for the rest of their days when their minds vacillate on whether they are responsible for the killing of another human in such a manner that is a reminder of the Old Testament carried out in the Bible Belt? This country is turning more and more into the country that it divorced itself from nearly 250 years ago with its societal approaches.
I actually agree with these laws if they were to pass, I mean some people are just sick, but the problem is this will put kids in more danger because well we all know why I don’t even have to explain why it’s gonna make the person who made a mistake Flip out and make an even bigger mistake 💀
Well, we now know why they didn’t transfer Maxwell to an Alabama Club Fed……
That means you are subject to this law if you rape a child below the age of 10yrs, since everyone knows in Alabama if a Girl is 11 and not pregnant her parents will wonder if she’s a lesbian and then be arrested for drowning her in the vinyl pool behind the mobile home and burying her under the dog house.
Is it election season for the Alabama legislature? Normally this sort of grandstanding nonsense is used during campaigns, not the early days of a session. Particularly when they know their proposal is unconstitutional as hell and likely won’t even make it past their own state supreme court.
“there’s a time to reevaluate the analysis that the Supreme Court used”
I couldn’t agree more. Let’s start with Smith v Doe.
As if the death penalty for murder has stopped murders….These fools cant help themselves…..