by Linda Sunkle-Pierucki

Created on: June 26, 2008

Today, the US Supreme Court vindicated my faith in their ability to separate emotion from reason. They ruled, with reason, that child rape does not legally meet the criteria of a death sentence. The five-to-four ruling rightly reasoned that we reserve the death penalty in this country for only two crimes: the murder of another person or crimes against the State. Personally, as I have a private belief that we do not have the right to take another's life except in self-defense-under which I classify war-I question the death penalty's application to crimes against the State. Even that, such as battlefield treason that costs the lives of other may be justified. However, child rape is just that-a heinous crime, but not murder.

People who advocate the death penalty in child rape cases apparently are letting their emotions get ahead of their reason. Invariably, they will cite high-profile cases in which the child was not only raped but killed. In these cases, the death penalty is lawfully justified-for the crime of murder, not the act of rape itself. Even then, this is a matter for the individual state to decide.

Those who emotionally advocate the death penalty for child rape usually do so because they are either unfamiliar with the facts surrounding most child molestation or because they are so blinded by fear they cannot think the issue through clearly. Most child rapists are not stranger abductions-these kidnappings are the ones that end so often in death. Instead, the molester is often a trusted family member or family friend. Often, the molestation goes on for years with no one the wiser. Obviously, in these instances, the child was not so physically damaged as for this to be obvious. Does this equate with the death of a child? I have a hard time justifying that extreme, regardless of my disgust.

Consider the child in these cases. Often it is hard to get the child to testify in these cases because they instinctively realize that their testimony will get someone they care about in a lot of trouble. Indeed, the perpetrators of these crimes more often than not use this as a weapon to keep their young victim quiet. Even quite young children struggle with this emotion. Now, imagine if you will the life-long feelings of guilt engendered in the child victim should her friend/father/uncle/rapist be put to death. I feel this is an unfair and unnecessary burden to place on a young child and may cause as much damage as the rape itself.

None of us wishes to think that our child

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