AG Marshall Asks Supreme Court to Restore Death Penalty for Child Rape

Montgomery, Ala. – Alabama Attorney General Steve Marshall has joined a coalition of 20 attorneys general urging the U.S. Supreme Court to overturn its 2008 ruling that struck down the death penalty for child rape.

The coalition is challenging the Court’s decision in Kennedy v. Louisiana, which barred states from imposing capital punishment in cases where a child is raped but not killed. The attorneys general argue the ruling stripped states of a critical tool to punish and deter predators who commit what they call “the most extreme sexual assaults” against children.

“Alabama has long been a leader in standing up for the rule of law and for the protection of children,” Marshall said. “I am proud to stand with President Trump and my fellow attorneys general in fighting for laws that reflect the seriousness of this evil and deliver justice for its victims. We must use every tool at our disposal to protect children, deter predators, and impose just punishment.”

The letter signed by Marshall and his counterparts maintains that the Kennedy decision wrongly equated the lifelong trauma of child rape with lesser crimes and undermined states’ ability to protect vulnerable citizens. It argues that the Eighth Amendment does not prohibit capital punishment for child rape and that states should have the authority to craft laws that can withstand judicial scrutiny.

Since the Kennedy ruling, several states have enacted legislation authorizing capital punishment for aggravated child rape, which the attorneys general say demonstrates that no national consensus exists against the practice.

The coalition is urging the Court to recognize the death penalty as a constitutionally appropriate punishment in cases of child rape, similar to its use in cases of murder.