A rape is a more horrible crime than a murder. A person murdered is gone but the rape victim (if not murdered by the Rapist) has to suffer the effects of Rape not only on her or his body but also in mind and has to live in Society. Whereas, the rapist, if arrested and sentenced for imprisonment, will live in the jail on Govt. expenses (Tax Payer money, including the taxes paid by the rape victim) and will come out of jail on completion of his sentence to do a Rape again. Moreover, the rapists are perverted minds and deserve no laxity. In order to purge the society of such bad people, they must be eliminated by hanging in public view.

In June, 2008, the US Supreme Court rejected a death sentence awarded to Patrick Kennedy, a Louisiana man convicted for rape of his 8 years old step daughter (Case Kennedy v. Louisiana) Greenhouse, Linda. "Supreme Court Rejects Death Penalty for Child Rape", New York Times (June 26, 2008) I am quoting below some lines out of a news published in this respect to highlight the case as well as legal position in US on July 22, 2008 (FOXNEWS.COM). The US Supreme Court has rejected the Death Sentence in view of legal position regarding award of Capital Punishment under Eighth Amendment to Constitution.

"The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman.

Forty-four of the 50 states prohibit the death penalty for any kind of rape, and at least four states besides Louisiana permit it for child rape — Montana, Oklahoma, South Carolina and Texas. There is disagreement over the status of a Georgia law that permits execution for child rape, although Kennedy said in his ruling that it remained in effect."

Now, in view of above, the readers can very well understand that there is a need for a mass movement in US for pressurizing the Law Makers to make a law making award of "Death Sentence by Hanging in Public View" compulsory in all cases of confirmed Rape. Even, President Obama did not like the rejection decision of Supreme Court, but we know the Supreme Court has to work within the legal frame work of the Constitution. So, there is a necessity for a mass movement or building of public opinion in favour of awarding Death Sentence to all Rapists.

My considered view still forbids me to accept the rejection of death penalty by US Supereme Court in this case. And I find strength when I see that both Hon. Senator John McCain and Hon. President Barack Obama did not like the decision and expressed their resentment during their Presidential compaigns. As both are the representatives of America, so I still see that Americans are actually in favour  of death penalty for a Confirmed Rapist of a Child.  To clear the position , I am qouting below the reaction of  John McCain & Barack Obama ( as found in the news published In New York Times on June 26, 2008 and linked above) :-

Both presidential candidates criticized the death penalty decision. Senator John McCain, the presumptive Republican nominee, said: “That there is a judge anywhere in America who does not believe that the rape of a child represents the most heinous of crimes, which is deserving of the most serious of punishments, is profoundly disturbing” He called the decision “an assault on law enforcement’s efforts to punish these heinous felons for the most despicable crime.”

Senator Barack Obama, the presumptive Democratic nominee, said, “I think that the rape of a small child, 6 or 8 years old, is a heinous crime, and if a state makes a decision under narrow, limited, well-defined circumstances, that the death penalty is at least potentially applicable, that does not violate our Constitution.” He added that the Supreme Court should have set conditions for imposing the death penalty for the crime, “but it basically had a blanket prohibition, and I disagree with the decision.”

The 5-to-4 decision overturned death penalty laws in Louisiana and five other states. The only two men in the country who have been sentenced to death for the crime of child rape, both in Louisiana, will receive new sentences of life without parole.

The case was decided by a very thin majority of 5 to 4 in the Supreme Court Bench; only by One vote, which also demonstrates that a large number of Americans did not like the rejection of death sentense for a confirmed rapist of a child. The position in this respect is highlighted below by quoting from the news published and mentioned above :-

"Justice Kennedy said there was thus a national consensus against applying capital punishment for the crime.

In a dissenting opinion, Justice Samuel A. Alito Jr. sharply disputed this conclusion. He said that because many judges and lawyers had interpreted the 1977 Coker decision  Coker v. Georgia as barring capital punishment for any rape, state legislatures “have operated under the ominous shadow” of that decision “and thus have not been free to express their own understanding of our society’s standards of decency.”

The fact that six states in modern times have nonetheless enacted such laws, Justice Alito said, “might represent the beginning of a new evolutionary line” that “would not be out of step with changes in our society’s thinking since Coker was decided.” He said there were abundant indications that society had become more aware of and concerned about sex crimes against children.

The majority decision was influenced by the concept of Decency as enshrined in Eighth Amendment of the Constitution of America, Eighth Amendment to the United States Constitution ( The Bill of Rights: Text, Origins, and Meanings ) and it was passed during 1790, a long time ago. So, this concept of DECENCY is required to be examined again so that the Confirmed Rapists do not escape Death Penalty. Hence, the matter needs the attention of all the Americans and there is a need for building public opinion to bring the matter for consideration in the Congress and the Senate.