Tennessee lawmakers consider making the rape of a child a death penalty-eligible offense

WTVF

By Chris Davis

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    NASHVILLE, Tennessee (WTVF) — The rape of a child is one of the most heinous crimes someone can commit, but does the perpetrator deserve the death penalty? Rep. William Lamberth, R-Portland, who also serves as House Majority Leader, says yes.

“If someone rapes one of our children, they are forfeiting their own life. Period. End of story,” Lamberth said during the House Civil Justice Subcommittee meeting on Tuesday.

The measure would make the death penalty a sentencing option if the accused was over the age of 18 and the victim was under the age of 12.

“Because the fear of that gets into the head of some monster out there that’s even thinking about this — then it’s worth saving that child,” Lamberth said.

But Rep. Gloria Johnson, D-Knoxville, says the bill could have unintended consequences.

“Much of the time with this particular crime, it’s familial. If there is a young child who was raped by an uncle, say, and an uncle is going to say don’t tell, because then I’ll be killed; I’ll get the death penalty,” said Johnson.

She doesn’t want the move to deter someone from coming forward. “It is a heinous crime and I hate to think about it, but life in prison also takes care of the situation,” she said.

“Life in prison for these evil people is simply too good,” replied Rep. Lamberth. “They should not be able to live out their days with the rest of us.”

If the bill becomes law, it’ll likely face stiff legal challenges. In 2008, the United States Supreme Court ruled that the death penalty for those convicted of raping a child should be deemed unconstitutional. But Rep. Lamberth thinks, with a more conservative high court currently seated, they could get a different outcome.

“I believe that this particular makeup of the court, it leans more towards state’s rights,” he said. “They would take the shackles off of us as a state and allow us the freedom to be able to have the type of penalty that we feel meets this heinous crime.”

The bill ultimately passed out of the subcommittee and will go onto the full House Civil Justice Committee. While the bill has a Senate sponsor, it hasn’t been heard in a Senate committee yet.

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