By Linda Kirkpatrick
There are some subjects that are very sensitive for discussion, and the death penalty is one of them. Personally, I have always been opposed to the death penalty for several reasons. One being that we have a lot of innocent people who are on death row without any hope for an appeal. Second, I don’t believe that it is a just punishment for anyone to take a life. However, there is always that “but” that comes into play. The most horrible crime that can be thought of is the abuse of a child. The very thought of anyone sexually abusing a small child is so disgusting and revolting that it makes you want to vomit. When you think of an innocent little kid being at the mercy of a sexual pervert, you almost want to pull that switch yourself.
In the State of Alabama, we have the death penalty for crimes that only include capital murder. Alabama lawmakers are preparing to reintroduce a bill that would make the rape or sodomy of a child a capital offense, punishable by death. HB 29, sponsored by Matt Simpson, a Republican from Daphne, Alabama, in the 2024 legislative session, would have given adults who rape or commit sodomy against a child under the age of six the death penalty or life in prison without parole, while those under the age of 18 would receive a life sentence. The bill was amended in the House committee to extend the punishment to those who commit such crimes against children under the age of 12 and passed the House on an 86-5 vote, but did not make it to the Senate floor for a vote.
Both Simpson and Alabama Attorney General Steve Marshall, who also attended the press conference, said the legislation is in part a direct challenge to a 2008 U.S. Supreme Court decision, known as Kennedy v. Louisiana, that declared the death penalty unconstitutional for crimes against individuals that do not result in the victim’s death. Both said that the legal landscape has changed enough since the 5-4 ruling. Supporters of the bill think the current court will be more supportive.
Simpson pointed to recent legislation in other states, including Florida and Tennessee in 2023 and 2024, and Idaho, Oklahoma, and Arkansas in 2025, as a reason that the Supreme Court might reconsider its 2008 decision. Simpson believes that if Alabama’s bill passes and an individual is charged under it, other states could file amicus briefs in support, which could convince the Supreme Court to reconsider its previous decision. Marshall said his office is prepared to defend the law and would support other states with similar laws.
Robin Maher, executive director of the Death Penalty Information Center, said in a phone interview after the press conference that such legislation may be counterproductive. She noted the Kennedy decision rested in part on testimony from experts who work with child sexual assault victims. Such a policy, they said, would worsen the problem of underreporting sexual abuse, increase the incentives for child molesters to kill their victims, and heighten the trauma that child victims experience in the criminal justice process.
An amicus brief filed by the National Association of Social Workers and other organizations in the Kennedy case states that the majority of child sexual abuse is committed by family members or close friends. Victims and their families may be hesitant to report abuse due to fear of the consequences for the abuser, a fear that would be significantly increased by a threat of the death penalty, the brief said.
The brief also argued that allowing the death penalty for child rape might lead to more victims being killed, since offenders might be more likely to murder the child to prevent them from testifying, since the punishment for rape and murder would both be death. In other words, the abuser would have nothing to lose by killing the child.
In all death penalty cases in the State of Alabama, the Defendant is entitled to an automatic appeal to the Alabama Court of Appeals. After a Defendant is convicted of capital murder and sentenced to death, the Appeal process begins. In Alabama, the Death Penalty “Capital Appeal” process consists of three tiers. The Capital Litigation Division of the Office of Attorney General represents the State of Alabama and the victim’s interests throughout the appellate process before these courts. In the first tier, called the Direct Appeal, a capital Defendant who has been sentenced to death automatically has an appeal to the Alabama Court of Criminal Appeals, the Alabama Supreme Court, and the United States Supreme Court.
In the second tier, called the State Post Conviction Rule 33 Appeal, the case returns to the circuit court where the original trial was held for a review of issues not appealable in a direct appeal. The trial court’s decision can then be appealed by the capital defendant to the Alabama Court of Criminal Appeals, to the Alabama Supreme Court, and to the United States Supreme Court. These appeals, however, are not automatic. In the third tier, the capital case is then appealed to the Federal Courts.
Once the appeals are exhausted, however, and the Defendant has exercised all rights to appeal with no relief, the Alabama Supreme Court sets an execution date no earlier than thirty days from the date of the order.
These appeals will often go into years of litigation that will continue to expose the child to repeated testimony and mental abuse to relive and continue to remember the horrors of their abuse.
Making child rape a capital offense could also lead to underreporting of the crime, particularly when the perpetrator is a family member or close acquaintance. According to the Rape, Abuse, & Incest National Network (RAINN), of victims of rape and sexual assault, 93% of minor victims knew their rapist. 34% of the perpetrators were family members.
In a situation where, as a child, you are being sexually assaulted by a family member or someone you are meant to love and trust, it is already incredibly difficult to come forward. Too often in instances of familial rape, children are called liars or shunned by the rest of the family because the adults involved hold some sense of twisted loyalty to the rapist by nature of them being blood. Even if the reaction from the family is one of support, it is extremely difficult to prosecute. The possible long-term mental and emotional damages that can occur are unforeseeable in cases like these.
Many families are unwilling to put their children through that, as well as many children being afraid to go through the process themselves.
The long-term effects of sexual abuse on a child often lead to suicidal ideation, post-traumatic stress, sexual difficulties, inability to form lasting relationships, alcohol and drug abuse, development of violent behavior, and criminal behavior. If a child is not believed and supported appropriately after a disclosure, it can lead to a higher level of trauma for the child, resulting in significantly more negative long-term physical and mental health outcomes for the child. Conversely, if the adults around the child act protectively, the child is believed and the right support is provided, the child has the best possible chance of recovering from the trauma.
There are a lot of pros and cons to this law; however, either way it goes, it is the child who should be the main focus. There is no easy way for a child to ever understand how anyone could hurt them so violently. The big question is, how will the child react knowing that the abuser was put to death, especially if it is a family member?
Lynda Kirkpatrick