House Bill 49 would make first degree rape or sodomy of a child under 12 punishable by death.
The Alabama State House
A bill in the Alabama Legislature could soon make first-degree rape and sodomy of a child under 12 punishable by death.
House Bill 49, introduced by Rep. Matt Simpson (R-Daphne), would expand the use of the death penalty to those convicted. However, critics say the proposal is unlikely to become law and may be little more than a political gesture. Abraham Bonowitz, executive director of the Death Penalty Action Group, voiced concerns about the bill's potential impact.
"This is somebody grandstanding on the idea that they're tougher on crime," Bonowitz said. "They think they ought to make things worse for people who commit such crimes, which we all agree are awful and must be punished."
The U.S. Supreme Court has ruled in past decisions, most notably in Kennedy v. Louisiana (2008), that the death penalty cannot be used in non-homicide crimes, especially those that do not result in death. Bonowitz believes that if HB49 were to reach the Supreme Court, the justices would likely strike it down again.
"This legislator that is putting this forward is wasting the state legislature's time and effort, and taking up time that could be used to do things that might actually help prevent child rape," Bonowitz said.
Some supporters of the death penalty argue it is a deterrent against violent crimes. However, studies have shown little evidence of any significant deterrent effect from the death penalty. Bonowitz emphasized that until the death penalty can be applied fairly—without bias related to race, gender, financial status, or geography—its use remains problematic.
WAAY 31 is contacting lawmakers for the reasoning behind this bill and will continue to update you.
