Death penalty for child rapists awaits DeSantis signature after Senate passage

TALLAHASSEE, Fla. (FLV) – A Florida bill that would enact the death penalty for child rapists cleared the Senate 34-5 on Tuesday, now awaiting Gov. Ron DeSantis’ final signature.

The House passed the bill 95-14 last week.

It establishes that perpetrating sexual battery against a child under 12 years of age would be considered a capital offense, potentially punishable by the death penalty.

The legislation allows for defendants to be sentenced to death if at least eight out of 12 jurors recommend it. However, judges have the option to instead impose a sentence of life in prison. 

If less than eight jurors suggest the death penalty, then the defendant will receive a life sentence.

The Senate version of the bill was sponsored by Sen. Jonathan Martin, R-Fort Myers. He acknowledged that the new legislation would go against existing legal precedent that prevents executing rapists, one landmark U.S. Supreme Court decision being Kennedy v. Louisiana.

“We have a completely different (U.S.) Supreme Court makeup,” Martin said. “We have a completely different Florida Supreme Court makeup than when Kennedy v. Louisiana was issued.”

“I know everybody in this room hopes that nobody is put to death for this crime. Because if someone is put to death for this crime, it means that a poor innocent child was raped,” he said.

House bill sponsor Rep. Jessica Baker, R-Jacksonville, delivered impassioned remarks whilst closing on her bill.

“There is no earthly redemption for somebody wo rapes a small child, only God can save them,” Baker said. “And in Florida, we should be eager to arrange that meeting.”