Pursuant to Fla. Stat. She did not tell anyone until two years later and did not pursue legal action. See Rayburn, Better Dead Than R(ap)ed? This means you can view content but cannot create content. Rape has a permanent psychological, emotional, and sometimes physical impact on the child. §§ 53-5-212.5, 77-27-21.5 (Lexis Supp.1995); Vt. Stat. 1183.

was removed from the custody of her mother, who had maintained until that point that petitioner was not involved in the rape.

The State's current capital rape statute, by contrast, is explicit that the rape of "[a] female who is less than ten years of age" is punishable "by death."
She was bleeding profusely from the vaginal area. [5] See Ala.Code § 15-20-26 (Supp.2000) (restricts sex offenders from residing or accepting employment within 2,000 feet of school or child-care facility); Ark.Code Ann. § 794.011(2) (2007); see also § 921.141(5) (2007).

Rptr.2d 602, 69 P.3d 446, 466 (2003) (addressing the death penalty for conspiracy to commit murder and noting that "the constitutionality of laws imposing the death penalty for crimes not necessarily resulting in death is unresolved"). As the Court aptly recognizes, "[w]e cannot dismiss the years of long anguish that must be endured by the victim of child rape." [3] Ala.Code §§ 13A-11-200 to 13A-11-203, 1181 (1994); Alaska Stat §§ 1.56.840, 12.63.010-100, 18.65.087, 28.05.048, 33.30.035 (1994, 1995, and 1995 Cum.Supp. Roper, 543 U.S., at 563, 125 S.Ct. A .gov website belongs to an official government organization in the United States.

); see also Coker, 433 U.S., at 592, 97 S.Ct. § 24-4-8 (1995); Idaho Code § 19-2117 (Lexis 1979); Minn.Stat. §§ 394.910 to 394.931 (West 2002 and Supp. Consistent with this explanation, police found a thin line of blood drops in the garage on the way to the house and then up the stairs. This Court, moreover, has never found the absence of a "national consensus" that capital punishment was appropriate for a particular offense or category of offenders where the Congress of Represen tatives from all 50 States had affirmatively authorized such punishment, nor has it substituted its own "inde pendent judgment" for a national consensus that did exist in favor of capital punishment for a particular of fense or offender. When we decided Stanford v. Kentucky, 492 U.S. 361, 109 S.Ct. Consistent with evolving standards of decency and the teachings of our precedents we conclude that, in determining whether the death penalty is excessive, there is a distinction between intentional first-degree murder on the one hand and nonhomicide crimes against individual persons, even including child rape, on the other. The state court next asked whether "child rapists rank among the worst offenders." 2861 ("Of the 16 States in which rape had been a capital offense, only three provided the death penalty for rape of an adult woman in their revised statutes—Georgia, North Carolina, and Louisiana. 2909 (joint opinion of Stewart, Powell, and STEVENS, JJ. 1183 ("Impressive in Atkins was the rate of abolition of the death penalty for the mentally retarded").

In Coker, 433 U.S. 584, 97 S.Ct. Rostker v. Goldberg, 453 U.S. 57, 64 (1981) (citation omitted). The Amendment proscribes "all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive." Our work, however, is not yet complete. 2861. To date the Court has sought to define and implement this principle, for the most part, in cases involving capital murder. 11, § 4120 (1995); Fla. Stat. In considering whether retribution is served, among other factors we have looked to whether capital punishment "has the potential . Yet no individual has been executed for the rape of an adult or child since 1964, and no execution for any other nonhomicide offense has been conducted since 1963. See 433 U.S., at 593-600, 97 S.Ct. State v. Velazquez, 283 Ga. 206, 208, 657 S.E.2d 838, 840 (2008). This is so, according to the Court, no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator's prior criminal record may be. § 40-39-111 (2006) (repealed by Acts 2004, ch. 11, 2008); S. 2596, 2008 Leg., Reg.
§ 1111 (West 1985); Ga.Code Ann. And it repeated the phrase "an adult woman" or "an adult female" in discussing the act of rape or the victim of rape eight times in its opinion.

Where, as here (and in contrast to Roper, Atkins, and Enmund), the National Legislature and Executive have determined that capital punishment is an appropriate sentence for a crime, the Court should be particularly hesitant in making a contrary determination based on its assessment of competing policy consider ations rejected by the political Branches. the death penalty undoubtedly is a significant deterrent"); id., at 186, 96 S.Ct. These developments, however, all took place after our decision to grant certiorari in this case, see 552 U.S. ___, 128 S.Ct. And in Enmund v. Florida, 458 U.S. 782, 102 S.Ct. (Marshall, J., concurring in judgment). Stat. The State's investigation had drawn the accuracy of petitioner and L. H.'s story into question. This is the old version of the H2O platform and is now read-only. compels [the conclusion] that a sentence of death is grossly disproportionate and excessive punishment for the crime of sexual assault and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment," id., at 951. Some of these might be: whether the victim was kidnapped, whether the defendant inflicted severe physical injury on the victim, whether the victim was raped multiple times, whether the rapes occurred over a specified extended period, and whether there were multiple victims. For these reasons we have explained that capital punishment must "be limited to those offenders who commit `a narrow category of the most serious crimes' and whose extreme culpability makes them `the most deserving of execution.'"

§ 243.166 (1992 and Supp. See id. . Taken in sum, however, they demonstrate the serious negative consequences of making child rape a capital offense. But it is either dicta, see State v. Barnum, 921 So.2d 513, 526 (Fla.2005) (addressing the retroactivity of Thompson v. State, 695 So.2d 691 (Fla.1997)); State v. Coleman, 185 Mont. See State v. Barnum, 921 So.2d 513, 526 (Fla. 2005) (citing Coker as holding that "`a sentence of death is grossly disproportionate and excessive punishment for the crime of rape,'" not merely the rape of an adult woman); People v. Huddleston, 212 Ill.2d 107, 141, 287 Ill.Dec. She testified that she "`woke up one morning and Patrick was on top of [her].'" The footnote is as follows: * When issued and announced on June 25, 2008, the Court’s de­ at S14,275 (Dec. 22, 2005), therefore under scores, if not independently expresses, a current societal judgment that such punishment can be graduated and proportionate to the offense of child rape. These policy arguments, whatever their merits, are simply not pertinent to the question whether the death penalty is "cruel and unusual" punishment. Moreover, it takes little imagination to envision other limiting factors that a State could use to structure sentencing discretion in child rape cases. 2861 (plurality opinion), they cannot be compared to murder in their "severity and irrevocability." The Court expresses doubt that the Coker dicta had this effect, but the skepticism is unwarranted. 32 states plus the US government use lethal injection as their primary method of execution. There is the burden of drafting an innovative law that must take into account this Court's exceedingly complex Eighth Amendment jurisprudence.

The deep problems that afflict child-rape victims often become society's problems as well. 3368, 73 L.Ed.2d 1140 (1982), the Court overturned the capital sentence of a defendant who aided and abetted a robbery during which a murder was committed but did not himself kill, attempt to kill, or intend that a killing would take place. There were an estimated 90,000 substantiated cases of child sexual abuse in 2003. 1183 (quoting Atkins, supra, at 319, 122 S.Ct. COURT DENIES LOUISIANA’S REQUEST FOR REHEARING.

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