Focus on Florida’s potential to reconsider constitutionality of death penalty for child rape
A few months ago over at the Sentencing Matters Substack, I penned this short essay about Eighth Amendment issues surround state efforts to subject certain child rapists to the death penalty. That essay, titled “After Kennedy: pondering Eighth Amendment functioning and litigating,” ruminates about the uncertain logistics and legal questions surrounding any possible new state capital child rape prosecutions.
My prior essay came to mind upon seeing this new local and lengthy press piece highlighting that prosecutors in Florida have identified another child rape case they view as worthy of a capital prosecution. The article’s full headline highlights some themes: “Could a Florida death penalty case reshape how U.S. handles child sex abuse?: Florida is believed to be the only state that is actively seeking to execute people who sexually abused children.” Here is an excerpt:
So far, Florida appears to be the only state actively trying death penalty cases for child sex abuse. Robin Maher, the executive director for the Death Penalty Information Center, told the Sun Sentinel that she was not aware of any cases outside of the state. Within Florida, only one other known active death penalty case exists outside of Palm Beach County. In June, prosecutors in Putnam County in Central Florida filed their intent to seek the death penalty against Dimeco Henderson, accused of sexually abusing two children over the course of three years. Meanwhile, in a now-closed case from 2023, Central Florida prosecutors had sought the death penalty against Joseph Andrew Giampa, who filmed himself sexually abusing a child, before reaching a plea agreement to a life sentence.
The existing cases are likely to see constitutional challenges, legal experts say. Defense attorneys like those in Palm Beach County could file a motion seeking to declare the death penalty unconstitutional, Suskauer said, and it’s possible that such an argument could head up through the appellate courts and even reach the U.S. Supreme Court.
Whether the Supreme Court would overturn longterm precedent is another question.
A few of many recent related posts:
- Pondering Eighth Amendment issues around new capital child rape statutes at Sentencing Matters Substack
- “Child Rape and the Death Penalty”
- Oklahoma joins growing list of states making child rape a capital crime (despite current SCOTUS prohibition)
- With new Florida law authorizing death penalty for child rape, how might SCOTUS get to reconsider Kennedy?