A new bill proposed in Tennessee could see the state join those seeking capital punishment for rape of a child under 12.
The bill, HB 1663, passed a legislative benchmark on Jan. 23, when it was overwhelmingly accepted by the Tennessee House Criminal Justice Subcommittee by voice vote. It would see Tennessee join seven other states who impose the death penalty for certain child rape offenses.
The bill is sponsored by House Majority Leader William Lamberth (R-Portland), and would seek the death penalty for adults who are convicted of raping a child under 12 with certain aggravating factors.
“I don’t take this bill lightly. We’re going to protect our children in the state of Tennessee. If someone rapes one of our children, they forfeit their own life,” Lamberth said on Jan. 23 before a House committee.
Lamberth added that “life in prison for these evil people is simply too good,” while pointing out that a mere life sentence puts a heavy burden on taxpayers, who effectively pay for food, medical expenses, and shelter for the entire lifetime of such prisoners.
While Lamberth is expecting legal challenges if the bill passes, he said that he is determined to fight the cause up to the Supreme Court if necessary, to ensure that predators engaging in such heinous acts are punished to the fullest extent in the state.
“It is something that the states should absolutely be able to do,” he said. “Not enough states have this type of penalty on the books. Here in the state of Tennessee, I think we should value our children and we should protect them from these type of predators.”
Currently, capital punishment is allowed in 27 states. While Tennessee is included in that figure, it only sanctions capital punishment for crimes of homicide. In the past 60 years, Louisiana is the only state that has imposed the death penalty for a non-homicide offense.
According to a 2008 ruling by the Supreme Court, states were prohibited from imposing a death sentence for the rape of a child in the event of the crime not causing the victim’s death. The Court deemed that such a measure would amount to excessive punishment, which it said was “cruel and unusual.”
Rep. Bud Hulsey (R-Kingsport) voiced strong support for the proposed legislation, saying it reflects “an attempt at reclaiming the 10th Amendment of the Constitution,” which reserves rights not enumerated in the U.S. Constitution to the states, or to the people.
However, Democratic Congresswoman Gloria Johnson of Knoxville was hesitant in showing support, claiming that convicted offenders in the state are already required to serve 100 percent of their life sentences.
Johnson said some victims have voiced concerns that allowing capital punishment could make prosecuting child rape cases more difficult. This could, in particular, pertain to offenses committed by family members, as victims could be deterred from stepping forward.
“Victims fear that it will create a chilling effect on reporting,” she said.
Lamberth then read aloud a letter from a victim of child sexual abuse, who pleaded with lawmakers to support the bill. Lamberth said that multiple victims have contacted him directly, and that the bill is not about vengeance but about “justice and deterrence.”
“The wounds are unimaginable and the scars run deep. These are not crimes that victims are able to heal from and move on with their lives. These crimes change children forever,” the victim stated in the letter.
The unnamed victim also said that repercussions for child rape offenders rarely fit the crime.
“The ones that are convicted are typically released quickly or given lesser charges so they are right back out doing the same things they were doing,” the victim wrote.
“Never missing a single beat, they stack up victims as if they were at an all-you-can-eat buffet with the appetite of a bear coming out of hibernation, and they only have access to a single plate. The ones that actually get convicted should face real consequences,” the victim added.
The bill is now heading to the full House Criminal Justice Committee. Senate majority leader Jack Johnson (R-Franklin) is sponsoring the bill in the Senate, where it has yet to be voted upon.
