Schwab lawyer: New law may result in fewer reported cases of child rape | Opinion
A new law, which takes effect Oct. 1, resuscitates the death penalty for perpetrators of sexual battery on a child under 12. A capital crime for decades, execution for child rape was barred in 2008 by the United States Supreme Court case Kennedy v. Louisiana, as cruel and unusual punishment. Proponents of the law hope the current Supreme Court will reverse that 5-4 decision.
FLORIDA TODAY'S John A. Torres, in his column published May 7th speculates the law will lead to more children being murdered. In support he relates his belief that Mark Schwab killed Junny Rios-Martinez to eliminate the child as a witness, and the new law will cause other child rapists to do the same.
Sadistic pedophiles are uncommon. As one of Schwab’s trial attorneys I believe he terrorized raped, and murdered Junny as part of one sadistic act. Schwab used a knife to terrorize, not subdue his victims. As he had with a prior victim Schwab ingratiated himself with the victim and his family. Schwab was not concerned with witnesses. Indeed, one of the aspects of the crime that most terrified the community was Schawb’s extensive contacts with Junny and the family before the murder. When Junny went missing the police immediately knew who to look for.
Most cases of child sexual abuse involve family members or caregivers. Already under-reported, the new law may cause a parent to feel even more pressure to not report. Or it may cause some potential offenders to not molest a child at all. Will family members really start killing their young child victims? We simply do not know because the law was passed as a political act, not as a well-researched solution to a problem.
False reports of child sexual abuse are also a problem. In DCF and family law court accusations are thrown around like glitter at a drag show. If half of them were true we would need to build more prisons. Convictions for accusations of child sexual abuse are also easier to obtain because hearsay is allowed at trial. Throwing the death penalty into this volatile mix will lead to unintended consequences.
"Be careful what you wish for" is good advice. The governor and legislature got what they wished for; now we will see at what cost in blood and treasure.
Ken Rhoden is a long-time attorney practicing in Brevard County.
This article originally appeared on Florida Today: New law may result in fewer reported cases of child rape
