The constitutionality of imposing capital punishment for the crime of child rape remains an open question. The author asserts that state capital child rape statutes are constitutional. The author bases his conclusion on the United States Supreme Court's capital punishment decisions, the historical treatment of sex offenses and non-homicide capital crimes, and the brutality of rape, itself. Finally, the author urges caution to ensure that capital punishment is not meted out in a racially discriminatory manner.
J. R. Broughton,
"On Horror's Head Horrors Accumulate": A Reflective Comment on Capital Child Rape Legislation,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol39/iss1/3