Also known as:rapes of a child · rape of children · child rape
Written by attorneys · grounded in primary & secondary sources — see below
A first-degree felony consisting of sexual intercourse with a complainant less than thirteen years of age.
Sources & Authorities· 1 primary source
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Cases
Casebooks
How it applies
Common Examples
3
Death Penalty Barred for Nonhomicide Offense
Ralph Richardson was convicted in state court of repeatedly raping his neighbor's eight-year-old child over several months. The child survived without life-threatening injuries, and the record showed no intent by Richardson to kill. The state sought capital punishment under a statute addressing technology-facilitated child sex crimes. The court held the death penalty unavailable because the offense remained a nonhomicide crime against an individual victim.
Adult Defendant Challenges Capital Sentence
Rina Rahman, a cruise ship crew member, raped a nine-year-old passenger in a staff corridor during an interstate voyage. The child survived, and Rahman neither killed nor attempted to kill her. After conviction under an aggravated child rape statute authorizing death, Rahman moved to set aside the sentence on constitutional grounds. The court ruled that capital punishment could not be imposed because the crime did not involve homicide or intent to kill.
Custodial Abuse Leads to Life Term
Roberto Reyes, a correctional officer, raped a twelve-year-old detainee locked in her cell during a night shift. The victim survived, and the evidence established that Reyes neither killed her nor intended her death. The state sought the death penalty under a statute targeting custodial sexual abuse of minors. The court imposed a lengthy prison sentence instead, finding death disproportionate for the nonhomicide offense.
Common questions
Frequently Asked
5
Does the Eighth Amendment prohibit the death penalty for rape of a child when the victim survives?+
Yes. The Eighth Amendment bars capital punishment for the rape of a child when the crime neither results in the child's death nor was intended to cause death. This categorical rule applies even when the offense involves repeated acts, abuse of trust, or technology facilitation.
Supporting sources
Can aggravating factors such as recording the assaults or using a position of authority overcome the constitutional bar on death for child rape?+
No. Factors like digital recordings, encryption, supervisory control, or breach of educational or medical trust do not convert a nonhomicide offense into one eligible for capital punishment. The constitutional line remains between homicide and nonhomicide crimes against individual victims.
What is the minimum age threshold in the statutory definition of rape of a child?+
The offense requires that the complainant be less than thirteen years of age. Sexual intercourse with a person meeting that age criterion constitutes rape of a child, a first-degree felony.
Supporting sources
Does the location of the offense, such as on school grounds or a construction site, permit a death sentence for child rape?+
No. Statutes attempting to authorize capital punishment based on the offender's exclusive control of the site or the school setting cannot override the Eighth Amendment prohibition. The categorical rule focuses on the absence of death or intent to kill rather than ancillary aggravating circumstances.
Supporting sources
Is the death penalty available when the defendant is a state employee or uses technology to facilitate the crime?+
No. Neither custodial authority nor the use of platform tools and recordings changes the nonhomicide character of the offense. The Eighth Amendment forbids execution regardless of the offender's official position or the digital means employed.
Supporting sources
. According to the factual submissions in this Court, out of all
rape
convictions in Georgia since 1973—and that total number has not been tendered—63 cases had been reviewed by the Georgia…
a capital offense . . . is six,” “[t]his is not an indication of a trend or change in direction comparable to the one supported by data in Roper ”). The Court felt no need to see whether…
victim could be found guilty of murder with actual malice if a jury found, either from the violence of the
rape
or the smothering of the
child
, that the defendant had an intent to commit…
under ten. The trial judge instructed the jury that if they found that the prisoner had intercourse with the victim and she died from its effects, then that act being a felony, this would…
Criminal Law & ProcedureConstitutional protection of accused persons · Cruel and unusual punishmentUBEFoundational