Procedural History
Appellant, Patrick Kennedy, was convicted and sentenced by a jury to death for the aggravated rape of his then-eight-year-old stepdaughter.
Facts
On March 2, 1998, appellant called 911 claiming his stepdaughter had been raped. Police arrived and found the victim wrapped in a bloody blanket. Appellant and the victim maintained that two neighborhood boys were the perpetrators, but Appellant was arrested due to inconsistencies in his account. Twenty one months later the victim identified Appellant as the rapist. He was charged with aggravated rape and sentenced to death under a Louisiana law authorizing capital punishment for rape of a child under twelve. The Supreme Court of Louisiana affirmed, finding no “national consensus” against the punishment, where four other states also capitalized child rape and children need special protection. The Supreme Court granted certiorari.
Standard of Review
The United States Supreme Court reviews this Eighth Amendment challenge to the death sentence de novo.
Issue on Appeal
Whether the Eighth Amendment prohibits capital punishment for child rape?
Short Answer/Holding
Yes. The death penalty for the rape of a child, where no death occurred, is cruel and unusual punishment.
Rationale
The Eighth Amendment draws its meaning from the evolving standards of decency of society. Therefore, capital punishment must be restricted to only the most serious crimes. A “national consensus” generally rejecting capital punishment for non-homicidal crimes indicates that capital punishment for rape, even a brutal rape of a small child, violates contemporary standards of decency.
“In determining whether the death penalty is excessive, there is a distinction between intentional first-degree murder on the one hand and nonhomicide crimes against individual persons, even including child rape, on the other” (2008, p. 28)
The Court holds that the death penalty is not a proportional punishment for rape of a child when no life is taken. Negative consequences from death penalty, including underreporting of such crimes, the possibility of false reports, and an increased the likelihood that the rapist will the only witness, also indicate the punishment is improper. Generally, except perhaps for attempted acts of terrorism or mass murder, the death penalty should only be limited to crimes that take the life of the victim.
Disposition
The judgment of the Supreme Court of Louisiana is reversed and remanded (2008, p. 37).