Patrick Kennedy to Be Executed for Rape

As Patrick Kennedy sits on death row in Louisiana, he finds himself in the middle of a controversy. He is at the center of a new debate on the death penalty. It is not a debate on whether or not the death penalty should be used in the United States, but rather what kinds of crimes should the death penalty be used for? The death penalty has been reserved for murder charges since the 1976 ruling by the US Supreme Court that banned execution for rapists. In fact, a rapist has not been executed in the United States since 1964.

Kennedy finds himself in a unique position as a child rapist who has received the death penalty. The state of Louisiana has a provision in the law that allows for the execution of rapists whose victim is under the age of twelve. They do not feel that the Supreme Court ruling intended for child rapists to escape the death penalty. In fact, they feel that is an entirely different crime than the crime of raping adults.

Kennedy has appealed his case all the way to the US Supreme Court, hoping that the court will see his case as the same as the one they ruled on in 1976. The state of Louisiana is ready to fight as well. They feel they are well within their rights to execute the man for raping his eight year old stepdaughter.

Kennedy's victim suffered both physically and mentally from the rape. Her internal injuries were so severe that she required surgery, and she still lives with emotional scars.

Initially, both Kennedy and his stepdaughter claimed that two teenage boys were the culprits. It wasn't until much later, when the little girl was returned back into her stepfather's care, that she accused Kennedy for the attack. Then, in 2003, Kennedy was found guilty and received the death penalty.

This case raises many questions and concerns. Certainly, rape is an incredibly brutal crime, and the rape of a child is inexcusable. It is one of the most despicable crimes a person can commit. However, another concern arises out of this case, and that is the theory that children do not make good witnesses. They can misremember events and are easily manipulated.

Take, for instance, the case of Clarence Elkins. Elkins was sentenced to life in prison for the 1998 murder of his mother-in-law. The witness that helped put Elkins behind bars was his six year old niece, Brooke. Brooke had been staying the night with her grandmother when someone came into the house. The man killed the grandmother and sexually assaulted Brooke before fleeing. Later, describing the man, Brooke initially claimed that he looked like her Uncle Clarence. Later, she changed her story. She said he was her Uncle Clarence. That testimony proved to be so damning that Elkins was sentenced to life in prison, even though he had an alibi and was not known as a violent man.

Years later, the little girl retracted her statement, but she had a difficult time getting the legal system to believe her. When she wanted to accuse, they were all ears, but when she wanted to free an innocent man, that proved to be much more difficult. Eventually, after a legal battle, Elkins was set free. He had spent seven long years in prison, all due to the false testimony of his niece.

One can also examine the Fells Acre Day Care Center, which found itself in the middle of a legal firestorm in 1984. The case started off slowly, but quickly gathered steam. One student accused his teacher, Gerald Amirault, with sexual abuse. He did not tell of sexual abuse until he was questioned by his mother and his uncle. He and his cousin had been playing a sexual charged game, which is why the adults felt the need to question the child. What started off as one accusation turnedinto Gerald being charged with raping nine children, while his mother and sister, who also worked at the daycare, were charged with crimes against four other children.

The incident at Fells Acre Day Care Center turned into a witch hunt. Police had an open meeting with parents, giving them warning signs of sexual abuse and instructing them to look for them in their children. One can usually find something if looking hard enough. If a child as much as wet the bed, it was because of sexual abuse at the hands of a teacher.

During the trial, the "victims" were lined up with their backs to the accused. They gave their statements, using dolls to point out what had happened to them. Stories changed throughout the trial, but that was deemed okay because they were children.

Eventually, all three were imprisoned. There was a public outcry, as many who had attended Fells Acres in the past found it impossible that there would be any kind of abuse going on there. However, the legal system stubbornly stuck to their decision.

Violet Amirault, the mother of Gerald, died while she was waiting for a new trial. Gerald's sister was let out with time served and given probation. Gerald himself was eventually released. However, the state never admitted any wrongdoing, even though the only evidence they had were the words of the children, which changed often.

For years, the Fells Acre case has been used as an argument against the testimony of children. Children can be incredibly unreliable. They want to please their questioners, and at times, they will say what they think others want to hear.

The testimony of the child in the Kennedy case needs to be closely examined before a death sentence is able to be carried out. Seeing as though a child's testimony can be dangerous, the legal system needs to be certain that this rape did occur by Kennedy before they inject him with lethal chemicals.

Bill Mears, "Rape a Child, Pay with Your Life, Louisiana Argues," cnn.com

Dave Sereno, "Killer's Family Hopes for Sentence Reversal or New Trial," truthinjustice.org

Multiple authors, "Fells Acres Day Care Center," wikipedia.com