Raping a child in Alabama punishable by death under bill that advances to Senate

The Alabama House of Representatives on Tuesday passed a bill that would allow the state to put an individual to death if convicted of rape or sodomy in the first degree.

HB49, sponsored by Rep. Matt Simpson, R-Daphne, stated that a person age 18 or older could face death or life imprisonment if convicted of first degree rape or sodomy against a child 12 and under.

The bill passed with 86 legislators in favor, 5 in opposition and 9 abstentions.

The original version of the legislation specified the age of victims as 6 and under but was moved up to 12 following a committee substitute.

During discussion of the bill several Democratic lawmakers stated they opposed the bill because of numerous reasons including moral objections to the death penalty and lack of evidence that executions deterred crimes.

When asked how he was pro-life and pro-death penalty, Simpson stated that he believed people have a right to life, “but your actions can cause you to lose that right.”

Rep. Philip Ensler, D-Montgomery, questioned the legislation from a legal perspective referencing a 2008 Supreme Court, Kennedy v. Louisiana, ruling that the death penalty for child rape was unconstitutional if the victim did not die.

Simpson stated that the decision was due to it being considered “cruel and unusual punishment“ at the time since only six states attempted to put individuals to death convicted of child rape.

Simpson said that since the decision six more states have passed legislation making child rape a capital offense meaning the high court’s rationale for unconstitutionality would no longer be appropriate.

“However, there is a national push to change that rationale,” Simpson said. “Because if you’re saying only six states do it, more states have started to challenge that.”

Since the Kennedy decision exists Ensler stated that a legal challenge could likely be brought before the Supreme Court which could result in taxpayers having to pay the legal costs.

“So I would think our taxpayer dollars should go towards helping people with affordability,” Ensler stated. “With their pocketbook issues, instead of defending a law that the Supreme Court has said is unconstitutional.”

HB49 now moves to the Senate.