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While I am a strong supporter of the death penalty, allowing execution for rape leaves me a bit concerned.

Imagine if you will that an 18 year old boy and a 16 year old girl “get busy” and the folks come home. Girl is scared and cries rape. Now the boy could be executed for what otherwise would have been passed over.

Or think of some kid, under the influence of some angry mom or liberal doc who convinces the kid that daddy did wrong.

Not saying I’m against the idea ... I’m just cautious.

I think ASB above addressed that concern in post #4. Forcible Rape. The one you are describing won’t fall in that category.

There is strict criteria that has to be met in order to be considered a capital crime. It's not just something that someone who simply fondles or is accused of fondling would be charged. Louisiana Aggravated Rape Law
LA R.S. 14:42
A. Aggravated rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
(1) When the victim resists the act to the utmost, but whose resistance is overcome by force.
(2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.
(3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
(4) When the victim is under the age of twelve years. Lack of knowledge of the victim's age shall not be a defense.
(5) When two or more offenders participated in the act.
(6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
B. For purposes of Paragraph (5), "participate" shall mean:
(1) Commit the act of rape.
(2) Physically assist in the commission of such act.
C. For purposes of this Section, the following words have the following meanings:
(1) "Physical infirmity" means a person who is a quadriplegic or paraplegic.
(2) "Mental infirmity" means a person with an intelligence quotient of seventy or lower.
D.(1) Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
(2) However, if the victim was under the age of twelve years, as provided by Paragraph A(4) of this Section:
(a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.
(b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

I agree with what you said. I would hope that this would be used only for the perverted types of rapes.

hese days I am not even sure what qualifies as rape. No, I am not asking anyone to give us an explicit definition.