Child Rape Death Penalty Case Dies
I know that I am once again courting controversy on this topic, but here it goes anyway.
Last week the Supreme Court declined to reconsider its controversial June ruling in Kennedy v. Louisiana which sounded the death knell for the death penalty for child rape.
As you might recall, the Court based much of its reasoning on the emerging “national consensus” that the death penalty for rape is wrong. What no one seemed to realize at the time, however, was that Congress passed a law in 2006 specifically allowing the death penalty for child rapists under military law. Once Louisiana discovered this oversight they petitioned the Court for a rare re-hearing.
Last week the court denied that request by a 7-2 vote with Justices Thomas and Alito dissenting. Justice Scalia, joined by Chief Justice Roberts, issued a searing statement and joined the majority only because, as Scalia put it, “the views of the American people on the death penalty for child rape were, to tell the truth, irrelevant to the majority’s opinion in the case.”
Scalia rightfully notes that the relatively recent Congressional law completely undermines the Court’s June decision.
In an act of judicial self-justification, Justice Kennedy wrote that the military death penalty for rape was the rule for more than a century and when the Supreme Court declared in 1977 that the death penalty was unconstitutional for the crime of adult rape, military law was not considered. He also reasoned that military criminal law should not necessarily color the constitutional analysis of a related law in the civilian context.
During the summer, both presidential candidates weighed in on the Court’s decision. Obama stated that the rape of a child “is a heinous crime” for which “the death penalty should be applied, in very narrow circumstances, for [this] most egregious of crimes.” McCain called the ruling an “assault” on the legal system.
Whether you are pro or con, you should be painfully clear about the crime under consideration. Perhaps no case better illustrates the justness of the death penalty for child rape then the recently concluded trial of John Worman, who jury members declared “was like looking at Satan sitting at the table.”
During the trial, the jurors had the painful task of viewing unspeakable images of children as young as 3 months old being held down and raped by Worman. In this case authorities had to sift through more than a million horrific images of children being victimized – many snapped by Worman while he committed anal, oral and vaginal sex on the youngsters ranging from infants to 15 years old during a nine-year period.
Worman’s girlfriend, who ran a daycare which supplied many of the victims, was convicted of 15 counts of producing and possessing pornography. Videos and still photos showed her undressing and then posing naked youngsters on a chair in front of the camera to feed Worman’s predatory appetite.
In one of the videos that included sound, Worman’s girlfriend could be heard ordering a victim to “spread her legs.” A small voice asks “why” as she continues demanding the child do as she is told.
In another video, a childish voice could be heard screaming, “It hurts … it hurts.” And a voice identified as Worman replies: “Almost done. It’ll only take a minute.” At the end of the tape, the child is heard crying. There was also a video that shows children innocently doing homework when Worman comes up demanding sex.
Sadly folks, this case is not an anomaly. People need to wake up. No amount of social work or strengths based philosophy can save Woman and his ilk or the innumerable victims of his savage crimes. Since these evil bastards are now photographing and video taping their heinous deeds, perhaps the Supreme Court should be treated to a screening. This is the same court, after all, which declared obscenity hard to define, but “I know it when I see it.”
Perhaps once they see live action videos of child rape they’ll figure out what to do about it.
In fact, perhaps the Worman tapes should be shown to everyone, then, I assure you and the Court, a national consensus will quickly and surely emerge leaving but one remaining issue: should we hang ’em or use a firing squad?