The Alabama House of Representatives on Tuesday passed a bill that would allow the death penalty for the rape, sodomy or sexual torture of a child under the age of 12.
HB41 by State Rep. Matt Simpson, R-Daphne, is a direct challenge to a 2008 U.S. Supreme Court decision that struck down a similar Louisiana law partially on the basis that the death penalty is an “unusual” punishment historically for non-murder offenses.
At that time, six states had laws on the books establishing the death penalty for the rape or sexual abuse of a child. Since then, five more states have added similar laws, and Simpson argued that Alabama should join them in challenging the precedent by proving that it is not “unusual” based on how many states are pursuing the legislation.
The bill passed without any votes from Democrats, although most Democrats chose to abstain rather than to directly vote against the bill. Some Democrats on the floor argued that the bill, while well-intentioned, could lead to more trouble for child sex abuse victims.
State Rep. Chris England, D-Tuscaloosa, argued that putting the death penalty on the table could cause victims who were abused by family members to remain silent out of a desire to not be responsible for their relative’s death.
Other Democrats asked whether it is worth spending taxpayer money to defend a bill that is starting from a place of being unconstitutional.
State Rep. Ontario Tillman, D-Bessemer, tried amending the bill to make the penalty life without parole instead, but with that amendment defeating the intent of the bill, Republicans voted to table the amendment.
The bill is one of Gov. Kay Ivey’s identified priorities from her final State of the State address to start the session three weeks ago.
The bill now moves to the Senate for further consideration.
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