Patrick Kennedy raped his 8-year-old stepdaughter. He is the only person of the 3,300 in the United States awaiting the executor for a crime other than murder.
Kennedy is housed at the nation’s largest prison, Angola Prison. He awaits a final decision on his fate as the United States Supreme Court decides if the death penalty for violent crimes other than homicide constitutes “cruel and unusual” punishment.
“A lot of people think there should not be the death penalty [in this case] because the child survives,” said Kate Bartholomew, a sex crimes prosecutor in New Orleans. “In my opinion the rape of a child is more heinous and more hideous than a homicide.”
The child who is referred to as L.H. in court documents accused her stepfather Kennedy of raping her which he has denied. He accused a teenager who was cleared of any wrongdoing.
In 2003 Kennedy was sentenced to die for sexually assaulting his stepdaughter in her bed. The child needed extensive surgery because of the attack which caused internal injuries and bleeding.
In 1976 the U.S. Supreme Court banned capital punishment for rape or any other crime except for murder. Louisiana passed a law 19 years later allowing for the execution for sexual violations of a child under the age of 12. The Louisiana lawmakers contended that the earlier Supreme Court cases pertained only to crimes against adult women.
Those who are against the use of execution for child rapists argue that capital punishment gives attackers the motivation to kill the children that they prey on.
If they’re going to face the death penalty for raping a child, why would they leave a living witness?” said Judy Benitez, executive director of the Louisiana Foundation against Sexual Assaults.
Benitez also contends that capital punishment for attackers put an additional emotional hardship on the victims.
The last execution of a rapist was in 1964. Since that time it has been ruled that other than murder no other crime in the United States can have a death penalty sentence.
In Louisiana though the court thinks that those who attack the youngest of society deserve to pay for their crimes with their lives.
“It takes away their innocence, it takes away their childhood, it mutilates their spirit. It kills their soul. They’re never the same after these things happen,” said Bartholomew, an assistant district attorney in Orleans Parish.
“Louisiana has been a pro-death penalty state for a very long time,” the prosecutor added. “And I think a lot of people agree with the death penalty for this type of case here in our state.”
Skin colour is also playing in this case. Kennedy is black. in a state that has had a considerable amount of racial discrimination the race factor has to weigh into the equation. There is another though waiting the same fate as Kennedy in Louisiana, Richard Davis. Davis is white.
“It’s going to be justice,” said Lynn Ray, the victim’s cousin. “It’s going to be that she can look forwards and not backwards, and not have to look over your shoulders, and one day see him. Or see him coming after her.”
A decision by the Supreme Court is expected by late June.
2 Comments
April 16, 2008 at 12:45 pm
[...] John Perry wrote an interesting post today onHere’s a quick excerptHe awaits a final decision on his fate as the United States Supreme Court decides if the death penalty for violent crimes other than homicide constitutes “cruel and unusual” punishment. “A lot of people think there should not be the … [...]
June 25, 2008 at 4:11 pm
[...] black. Of course, racism is being served up as a reason for his death penalty sentence. Read story here. This is not about the color of a man’s skin for crying out loud. It’s about an 8 yr [...]
Leave a Reply
You must be logged in to post a comment.
You must be logged in to post a comment.