Amit Mehra
r lovedaySupreme Court Declares Death Penalty Unconstitutional for Child Rape
In a 5-4 decision the Court ruled that the death penalty is unconstitutional for raping a child citing the Eighth Amendment of the Constitution prohibiting cruel and unusual punishment. Justice Anthony Kennedy is quoted in his majority opinion as saying
The death penalty is not proportional punishment for the rape of a child.
What crime is more heinous than raping an innocent child? Some people may say murder, but I dont think so. Though I do not condone murder, there are at least some cases when a person may have no other option but to take someones life, say in self defense or defense of family. There is absolutely no defense for rape, no matter how old the victim, but child rape is especially deplorable. Child rapists are the most disturbed of the disturbed.
One could argue that rape is murder. Instead of taking their life from their victim all at once, the rapist takes their life slowly over time. The victim will most likely relive the event in some capacity for the rest of their lives. Though therapy is helpful the individual may never fully recover from the trauma.
In his dissent, Justice Samuel Alito said
"In the eyes of ordinary Americans, the very worst child rapists predators who seek out and inflict serious physical and emotional injury on defenseless young children are the epitome of moral depravity."
I would agree with Justice Alito in this instance. I would venture to guess that the majority of people would hold a person who killed someone for five dollars in higher esteem than a child rapist. It is difficult to conceive of any crime worse than taking a child's innocence from them. 
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