December 1996
The Supreme Court of Louisiana recently determined that death is a just and constitutional punishment for the rape of a child under twelve. See Louisiana v. Wilson, 1996 WL 718217 (December 13, 1996). The suit challenging the law's constitutionality was prompted by two defendants who were charged with the aggravated rape of several young girls. Both men moved to quash their indictments, arguing that death, when imposed for the crime of rape -- as sanctioned by La. R.S. 14:42(C) -- constitutes cruel and unusual punishment, in violation of the Eighth Amendment. The Louisiana Supreme Court rejected their position. "[G]iven the appalling nature of the crime, the severity of the harm inflicted upon the victim, and the harm imposed on society," the court stated, "the death penalty is not an excessive penalty for the crime of rape when the victim is a child under the age of twelve years." In reaching its decision, the Louisiana court looked to the U.S. Supreme Court's decisions in Coker v. Georgia, 433 U.S. 584 (1977) (finding death an unconstitutional punishment for the rape of an adult woman), and Tison v. Arizona, 481 U.S. 137 (1987) (finding death appropriate for one who doesn't kill as long as defendant plays a major role in felony resulting in murder, and defendant exhibits reckless indifference to life). The combined analysis of these cases, the court found, supported a conclusion that death is, under certain circumstances, a constitutional punishment even when the defendant doesn't kill. Further justifying its finding of constitutionality, the court concluded that the Louisiana sentencing scheme adequately narrowed the class of defendants subject to death as a punishment. "The class of offenders is limited to those who rape a child under the age of twelve. Therefore, not every rapist will be subject to the death penalty, just as every murderer is not subject to the death penalty." The Chief Justice was the lone dissenter. Justice Calogero found the statute facially invalid because it did not adequately narrow the class of people eligible for the sentence of death. "[U]nless and until the legislature provides suitable direction to the sentencing body in child rape cases by outlining aggravating factors to be found before death may be imposed, or redefines the offenseof child rape in such a manner as to narrow the class of persons eligible for the death penalty, R.S. 14:42(C) is facially unconstitutional." Louisiana is currently the only state in the nation with such a law on its books.
National Association of Criminal Defense Lawyers (NACDL)