A bill that would add child sex trafficking and statutory rape to the crimes eligible for the death penalty was debated Monday in a Missouri Senate committee 鈥� despite conflicting with U.S. Supreme Court precedent.
The is sponsored by state Sen. Mike Moon, an Ash Grove Republican who said Monday that one of the 鈥減rincipal purposes of government鈥� is to 鈥減unish evil.鈥�
Rape of children and child trafficking of children would be crimes eligible for the death penalty under his bill.
鈥淎nd what鈥檚 more evil than taking the innocence of the child during the act of a rape? Children are in large part defenseless and an act such as rape can kill the child emotionally,鈥� he said.
鈥淎nd so I believe a just consequence, after a reasonable opportunity for defense, is death.鈥�
The Senate Judiciary and Civil and Criminal Jurisprudence Committee heard the bill Monday.
Missouri State Sen. Karla May, D-St. Louis, pointed to Moon鈥檚 stance of 鈥渂elieving in life鈥� as an outspoken opponent of abortion without exception for rape or incest, yet supporting expanding the death penalty.
鈥淎 12 year old who gets pregnant, you believe that she should bring that child in the world, am I correct?鈥� May asked.
鈥淲hat crime did that child, that developing human child, commit to deserve death?鈥� Moon replied.
鈥溾�ut you believe in killing the father to that child?鈥� May asked, if the father is a rapist.
鈥淵es,鈥� Moon said.鈥滻f an attacker commits a heinous crime such as the ones that I mentioned in this presentation, I believe that if they鈥檙e charged and convicted, absolutely.鈥�
The Rev. Timothy Faber testified in support of Moon鈥檚 bill, pointing to the 鈥渓ifelong repercussions鈥� of child rape and trafficking.
鈥淚t鈥檚 also a well established fact that those who commit sexual crimes seldom if ever change their ways,鈥� he said. 鈥淥nce a sexual offender, always a sexual offender.鈥�
Elyse Max, co-director of Missourians to Abolish the Death Penalty, opposed the bill during Monday鈥檚 hearing.
鈥淚f the goal is to overturn established U.S. Supreme Court precedent, it鈥檚 far from a guarantee,鈥� Max said, 鈥渁nd the amount of resources the state of Missouri would have to spend as well as the trauma to child victims during the process cannot be understated.鈥�
The U.S. Supreme Court in the 2008 Kennedy v. Louisiana ruled giving the death penalty to those convicted of child rape violates the constitution鈥檚 ban on cruel and unusual punishment unless the crime results in the victim鈥檚 death or is intended to. Only homicide and a narrow set of 鈥渃rimes against the state鈥� can be punishable by death, the court ruled.
鈥淎dding statutory rape and trafficking as death-eligible crimes are a slippery slope,鈥� Max said, 鈥渙f expanding the death penalty to non-murder crimes that would bring the constitutionality of Missouri鈥檚 death penalty into doubt.鈥�
鈥淚nstead of spending millions of dollars to possibly change long-standing precedent, Missouri resources should be spent to protect children from abuse in the first place, and ensure survivors have access to mental health treatment and proper support, following the offense,鈥� Max said.
Moon said, regarding the Supreme Court precedent, that it鈥檚 worth challenging.
鈥淭hat鈥檚 something that we need to start the conversation about,鈥� he said, 鈥渁nd those things need to be challenged.鈥�
Florida passed a similar for victims of rape under age 12 last year. It received bipartisan support. In , prosecutors in that state announced they鈥檇 seek the death penalty in a case of a man accused of sexually abusing a child.
鈥淎dding statutory rape and trafficking as death-eligible crimes are a slippery slope of expanding the death penalty to non-murder crimes that would bring the constitutionality of Missouri鈥檚 death penalty into doubt."Elyse Max, co-director of Missourians to Abolish the Death Penalty
Florida鈥檚 Gov. Ron DeSantis the state鈥檚 bill could lead the U.S. Supreme Court to revisit the issue.
Mary Fox, director of Missouri State Public Defender, which provides defense for the majority of death penalty cases in the state, argued Monday that the death penalty is 鈥渘o deterrent to a crime.鈥�
Fox also noted that an 18 year old dating a 14 year old could be executed under Moon鈥檚 legislation because that would be considered statutory rape.
Mei Hall, a resident of Columbia who also said she was a victim of sexual abuse, also testified in opposition.
鈥淚 don鈥檛 wish my abuser death,鈥� Hall said. 鈥淚 wish them to be sequestered away and unable to harm more people, for sure. But I don鈥檛 think it鈥檚 the state鈥檚 place to kill people in general and I don鈥檛 think it鈥檚 the state鈥檚 place to make it more difficult for child victims to come forward.鈥�
Lobbyists from Empower Missouri and Missouri Association of Criminal Defense Lawyers also testified against the bill. A lobbyist from , testified in support.
Missouri was to carry out death sentences last year, along with Texas, Florida, Oklahoma and Alabama. There are two executions scheduled for this year.
Three House bills filed this year would eliminate the state鈥檚 death penalty, but none has made it to a committee hearing.
This story as originally published by the Missouri Independent, part of the States Newsroom.
