The case against capital punishment for child sex abuse
By Josiah and Randall . . . We are writing on behalf of the statewide Pennsylvania Association for Rational Sexual Offense Laws to express our deep concern over State Representative Ryan Warner’s proposal to allow the death penalty for individuals convicted of child sexual offenses. While protecting children is a cause we all share, this proposal is fraught with ethical, legal, and practical problems that demand our attention.
The problem with capital punishment
First, capital punishment is irreversible, and the criminal legal system is not infallible. Numerous cases have shown that innocent people can and do face wrongful convictions, particularly in highly emotional cases like sexual offenses. A single mistake under such legislation would have catastrophic and irrevocable consequences.
Moreover, harsher penalties can have unintended effects on victims themselves. Studies indicate that extreme punishments, such as the death penalty, may discourage victims who oppose capital punishment from coming forward. This is especially true when the perpetrator is someone they know — as is true with 93% of sexual harm cases. Instead of supporting victims, this policy risks silencing them and compounding their trauma.
Beyond these ethical concerns, Rep. Warner’s proposal directly conflicts with established legal precedent. In Kennedy v. Louisiana (2008), the U.S. Supreme Court ruled that the death penalty for crimes where the victim does not die is unconstitutional. Attempting to circumvent this binding precedent would embroil Pennsylvania in costly legal battles while offering no real benefit to public safety.
Additionally, the death penalty is a punishment that disproportionately affects marginalized communities. Economic and racial inequities plague its application, ensuring that the wealthy and privileged are better able to escape its consequences while vulnerable populations bear the brunt of this ultimate sanction.
Even law enforcement officials have raised red flags about this proposal. Beaver County District Attorney Nate Bible has warned that imposing the death penalty for child rape might incentivize perpetrators to kill their victims to avoid detection. This tragic consequence would only heighten the danger to children rather than protect them.
A Better Way
PARSOL believes there is a better way. By expanding prevention programs, increasing support for survivors, and ensuring fair sentencing that balances accountability with the possibility of rehabilitation, we can address the root causes of sexual abuse while upholding justice and human dignity.
Protecting children is too important to be undermined by measures that defy constitutional principles, ethical norms, and practical realities. We urge lawmakers to reject this dangerous proposal and to pursue evidence-based reforms that safeguard our communities.
A call to Pennsylvanians to Act
We encourage all Pennsylvanians to contact their legislators to oppose proposal.
Josiah Krammes and Randall Hayes are co-chairs of Pennsylvania RSOL. NARSOL’s Affiliate in Pennsylvania and can be found at @PARSOLOfficial
Published first in the Scranton Times Tribune and several other publications.
