PRESS TV (Iran)
June 25, 2008
http://www.presstv.ir/detail.aspx?id=61451§ionid=3510203
A US Supreme Court ruling to scrap the death penalty for a child rapist has drawn criticism with critics saying it harms the victims.
The Supreme Court by one-vote majority of 5-4 ruled Wednesday that a man convicted of raping a child cannot be sentenced to death, saying capital punishment must be reserved for murder cases.
It said child rapists cannot be sentenced to death because the Eighth Amendment prohibits the capital punishment for crimes that do not involve murder.
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| The US Supreme Court |
The National Association of Social Workers (NASW) and its Louisiana Chapter filed an amicus curiae brief in Kennedy v. Louisiana arguing that abolishing the death penalty for child rape cases harms the victims it is intended to help, Earthtimes' press release reported.
Several coalitions of sexual assault treatment providers from across the nation echoed NASW's argument.
NASW is the largest association of social workers in the world, with 145,000 members and 56 chapters throughout the United States and abroad.
The Supreme Court argued that it is 'not at all evident' that the victim's hurt is lessened when the law permits the death of the perpetrator. It also argued that the victim is not of mature age to make that choice.
The court also pointed out the concerns cited in NASW's briefing that the death penalty provides an incentive for the perpetrator to kill his victim who is often the only witness, is likely to increase the emotional trauma to the victim due to repeated court testimony about acts of brutality, and may increase the underreporting of child sexual abuse, as perpetrators are often family members.
Over the past years, many parts of the United States have tightened legislation against child rapists introducing maximum penalties of 25 years in prison. Five states have also introduced the death penalty for the rape of a child, usually for repeat offenders.
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