First capital child rape charge under new Florida law results in LWOP plea and sentence
Nearly a year ago, Florida enacted a new law making certain child rapes a capital offense, and I asked in this post: “With new Florida law authorizing death penalty for child rape, how might SCOTUS get to reconsider Kennedy?”. Two months ago, as detailed in this post, Florida prosecutors filed court documents stating its intent to seek the death penalty against Joseph Andrew Giampa after he was indicted on multiple counts of sexual battery on a child under age 12.
I reacted to this potentially historic capital case by speculating about the possibility of a plea deal to take the death penalty off the table, wondering in particular if prosecutors would agree to such a deal. This local article reports that such a plea deal was made, and an LWOP sentence was entered last week:
A Leesburg man has been sentenced to life in prison for forcing a young girl to engage in sexual acts.
Joseph Andrew Giampa, 36, through his defense attorney, conveyed an offer to serve the rest of his natural life in prison. At the request of the victim’s family and with the interests of the child victim in mind, the Fifth Judicial Circuit State Attorney’s Office agreed to this resolution. Under this agreement, Giampa will spend the remainder of his life in prison without the possibility of parole.
“Resolution in less than 100 days is proof that Florida’s capital punishment statute for sexual battery of children is effective,” commented Fifth Judicial Circuit State Attorney Bill Gladson. “By passing this law, the Florida legislature and the governor have sent a message that Florida has zero tolerance for those who prey upon our most vulnerable and that the punishment will be certain, swift and severe.”
Last year, investigators found a video on Giampa’s laptop of a female juvenile victim being recorded by an adult man, later identified as Giampa, holding the camera and talking to her….
Giampa was indicted by a grand jury in December 2023 for six counts of sexual battery upon a person under 12 years of age and three counts of promoting a sexual performance by a child. Shortly after Giampa was indicted, Gladson filed a notice of intent to seek the death penalty in the case pursuant to Florida Statutes 794.011(2)(a) and 921.1425, both of which pertain to the death penalty regarding sexual battery as a capital felony.
I am not too surprised that this case was resolved through an LWOP plea deal, which is not uncommon in capital cases when there is no dispute over guilt. I am also not surprised that the victim’s family here was eager to have this case resolved through a plea deal rather than risk having the young rape victim grow up with her rape and rapist the center of legal appeals and debates for years. So now we are back to waiting and wondering when and how Florida will secure a child rape death sentence that could provide an opportunity for SCOTUS to reconsider its Kennedy ruling that such a sentence violates the Eighth Amendment.
Prior related post: