>The insane desire to rape a young boy (or girl) has never been held on the same level as deliberate premeditated murder.
And yet rape is a capitally punishable crime, even here in the US. (UCMJ)
>A legitimate insanity defense, AFAIK, has always been a sufficient argument to avoid the death penalty.
The key there is _legitimate_. What is it that qualifies it so? Surely not the mere DESIRE to have sex with the young; there are people with homosexual desires who do not do homosexual acts. (Or would you call them insane?)
Not only that, but kidnapping IS also a capitally punishable offense (in some states). But, there are more than just those that rape children, what about those that rape adults? I have put no qualifiers on any of my opinions other than that I believe that rape should be a death-penalty offense on even the first charge; much like murder.
Not being a lawyer, I have no idea. All I know is that there ARE legal definitions and procedures to identify the mentally incompetent, and that such identification is a defense against the death penalty (and in many cases, a defense against imprisonment in a penal institution---though the identical ends are usually met by incarceration in a mental hospital).