The General Assembly's passage this week of a law aimed at
punishing second-time child rapists with the death penalty satisfies
an emotional reaction against such crimes. But the law could subject
otherwise solid convictions to lengthy legal challenges.
The bill opens the possibility of capital punishment -- and
demands at least a life sentence -- for anyone convicted a second
time of sexual battery of a child younger than 11. While the
immediate, visceral urge to put these people to death is
understandable, restraint is needed.
Saying so does not excuse the destructive acts of child
molesters. Their heinous crimes demand tough penalties so they
cannot repeat their offenses. To that end, the heart of this
legislation is a much less publicized provision increasing the
penalty for first-time offenders from a minimum of 10 years in
prison to a minimum of 25 years with no suspended sentences or
probation. That's an appropriate penalty, and should apply to all
sexual offenses against a minor, regardless of the victim's age.
This state has a duty to protect children from repeat sex
offenders. Locking away these predators for a long time after a
first offense is the only way to prevent them from becoming repeat
offenders. That is where the emphasis ought to be. |