Kennedy was found guilty and given capital punishment for sexually assaulting his stepdaughter, who was eight years old. However, the Supreme Court ruled that all such regulations where a person was victimized but no killing was committed went against the general understanding of the country (Levick, 2019). Additionally, the death sentence could only be reserved for serious crimes. According to the Eighth Amendment, States Supreme declared the death sentence for child rape where the subject failed to pass away as unlawful. The court ruled that, in the present world, people are no longer facing executions. Therefore, people accused of rape were given prison terms based on Louisiana law, later ruled illegal.
The punishment for the rape of a child below 12 years should be very severe. Victims of rape, especially children, may have highly challenging and unpleasant feelings and experiences. Each individual responds contrarily to disastrous circumstances; after a sexual attack or assault, the trauma’s impacts may be immediate or remain for a very long moment (Levick, 2019). Typically, raping a kid is seen as a crime, and in some areas, even if the offender was under 18, it might still qualify as aggravated sexual assault.
When a sexual offence concerns minors, especially if they are younger than a given age, state statutes may impose extraordinarily stiff consequences and sanctions. Texas follows the same laws regarding penalties for sex offences against children. Texas has some of the strictest restrictions in the country (Levick, 2019). However, not all people charged with committing a sex offence against a minor are responsible. It is unfair to propose the death penalty to people accused of sexual assault because some persons might be falsely convicted due to identity confusion, a partner fabricating the claim to exact revenge, or spouses that use the allegation as bargaining power in a kid custody dispute.
According to the post, the Eighth Amendment bars the court from offering capital punishment to someone with no plan or aiding another person to kill someone since it is unconstitutional. Kennedy was wrong to force a sexual act on the little girl. However, the Supreme Court decided not to sentence Kennedy to murder because he only committed sexual assault but failed to kill the young girl (Levick, 2019). Even though the amendment on the brutal and extreme punishments provision forbids the execution of convicts, I think Kennedy’s brutality caused damages to the defenseless girl aged eight, so he deserved severe punishment. The young girl can experience various divergent feelings, conducts, and physical responses that can become evident, disappear, and reappear as the body and mind abstract the destruction of sexual abuse.
I agree that sexual assault of a child below 12 should attract harsh penalties. Sexual offences impact the complainant, their immediate family members, and may cause long-lasting emotional scars for certain people if they are not appropriately advised. The scars might influence how they interact with individuals of different gender and how they respond to everyday situations (Levick, 2019). People who have interacted with sexual assault victims know the potential anguish the offences can cause. Physicians, nurses, cops, judges, and therapists have exciting stories to share.
Criminal defense lawyers know how swiftly and irreparably lives may be destroyed by rape allegations and subsequent convictions. The court should award multiple punishments to different extents when an act of child sex abuse happens, including the countries where the offences were perpetrated and the purpose or intensity of the activities (Levick, 2019). The victim’s age frequently has a significant impact on the sentence. The crimes and their surroundings help determine how severe the repercussions might be to the accused person. Allegations of sexual assault-related minors carry a great deal of weight. It is crucial to safeguard the victim’s rights, particularly when the charges are baseless and untrue. In certain cases, the convicted are not the ones who harmed or abused the child in question.
Levick, M. (2019). Kids are different: The United States Supreme Court reforms youth sentencing practices for youth prosecuted in the criminal justice system. Juvenile and Family Court Journal, 70(3), 25–44.