Is the death penalty for child rapists a cruel sentence?

bethfehlbaum

Today, a good friend e-mailed me about the decision of the U.S. Supreme Court to declare the death penalty for child rapists "unconstitutional", because they find it "cruel and unusual" to kill someone for raping a child. One of the prisoners whose death penalty was set aside as a result of the decision had received the sentence for raping his eight-year-old stepdaughter. At first, my reaction to my friend's news was, "Isn't that the most F-d up thing you've ever heard? I can't believe they're not going to kill those monsters!"

But then, I realized something-- and it surprises me as much as it would surprise most people who know me, because when it comes to children being abused, I am an emotionally-charged loud-mouth. I'm a teacher in my day job, and I consider myself not only their educator, but their advocate, as well. Ask anybody I work with, and they'll confirm that I am one of those Mama-type teachers who loves her students-- who truly, deeply, cares about KIDS. Thing is, I get steamed when I hear about ANY child being abused, because I know what it's like to be in the position of victim. I know what it's like to be waiting for the dawn.

That's part of what makes me such a pissed-off person. Language that would make a sailor blush comes pouring forth from my mouth when I even think about the kind of people who are able to live with themselves day-after-day, knowing what they have done or are doing to children whose innocence they have stolen. They just, quite simply, don't give a s**t. It's that simple.

So, how pissed off am I that the Supreme Court knocked the legs out from under the state of Louisiana's right to kill unredeemable people? Well... I'm not sure how I feel about it, and I told my friend just that, in a follow-up e-mail to my profanity-laced first-response.

See, I live in Texas-- and, if you pay any attention to the death penalty, you know that Texas has a track record of executing a lot of people. Our esteemed (cough-cough-- sorry, I threw up in my mouth a little bit) president, "Duh-B-Ya", started the execution-ball rolling to the extent it does, when he was inflicting his inadequate leadership skills only on Texas, instead of the U.S.A. and the World. (Sorry, World. I didn't vote for him, if that makes you any less disgusted that I am a Texan.)

I love my state. It's a cool place to live. But not because of the death penalty. It's not something I'm proud of, because, frankly, Texas is so bad at making sure that only those who are guilty get executed. That's why I am grateful that things like The Innocence Project exist.

As a survivor of childhood sexual abuse, my rage toward my perpetrator cannot be adequately expressed with something as impersonal as a blog. To even attempt to put it in the context of a blog-- of someone just happening upon a blog entry and reading all about my rage-- would trivialize the depth of the scars I bear. I am telling you that so you will understand just how completely the death of my perpetrator would not break my heart. Got that? Moving on.

The problem I have with the death penalty is the number of people who are convicted, then end up being found innocent through DNA testing. I mean, is there a way that a death sentence-- that is, a person being found guilty and sentenced to death-- could be absolutely fool-proof? Error-proof? Human-proof?

Er, well, not as long as there are humans in charge of figuring it all out, huh?

So, where is the justice for people who have been sexually abused? That's a question I am addressing in the sequel to Courage in Patience, a story of hope for those who have endured abuse. Hope in Patience will try to figure that out-- but here's what I know so far: justice for children who are raped or sexually abused is not going to be found in a court of law. It's just not.

Mm--m--m--m--maybe the Supreme Court is right in striking down the death penalty in this case-- but, to be honest with you, I think it needs to be struck down in any case-- (again, I'm just as surprised as you, to see those words coming up on my screen, with my fingers at the keyboard)-- -until we can have an absolute guarantee that the person found guilty was absolutely the guilty party.

"But it's a deterrent!" people will say.

I seriously doubt that having the death penalty hanging over his head will make even one perpetrator think twice. That would require caring. And, frankly, in my experience, that's just not something those type of people are good at.
_________________
Beth Fehlbaum, author
Courage in Patience, a story of hope for those who have endured abuse
http://courageinpatience.blogspot.com
http://www.kunati.com/courage-in-patience
Chapter 1 is online!

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