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March 2, 1998, Patrick Kennedy called 911 to report that his step daughter had been raped. Court documents reveal:
"When police arrived at [Kennedy’s] home between 9:20 and 9:30 a.m., they found [the girl] on her bed, wearing a T-shirt and wrapped in a bloody blanket. She was bleeding profusely from the vaginal area.... [She] was transported to the Children’s Hospital. An expert in pediatric forensic medicine testified that [the girl’s] injuries were the most severe he had seen from a sexual assault in his four years of practice. A laceration to the left wall of the vagina had separated her cervix from the back of her vagina, causing her rectum to protrude into the vaginal structure. Her entire perineum was torn from the posterior fourchette to the anus. The injuries required emergency surgery."
Kennedy was convicted of the crime and sentence to death in the State of Lousiana. However the US supreme court overruled, and Kennedy was given a life sentence.
A few statements of interest from the supreme court about this case .....
1. When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint.
2. The death penalty can be disproportionate to the crime itself where the crime did not result, or was not intended to result, in death of the victim.
3. Rape is without doubt deserving of serious punishment; but in terms of moral depravity and of the injury to the person and to the public, it does not compare with murder, which does involve the unjustified taking of human life
4. Evolving standards of decency must embrace and express respect for the dignity of the person, and the punishment of criminals must conform to that rule
Is this an example of decay / erosion of a civil society when the "dignity" of a perpetrator such as Kennedy, seems more important than the dignity of the victim?
"When police arrived at [Kennedy’s] home between 9:20 and 9:30 a.m., they found [the girl] on her bed, wearing a T-shirt and wrapped in a bloody blanket. She was bleeding profusely from the vaginal area.... [She] was transported to the Children’s Hospital. An expert in pediatric forensic medicine testified that [the girl’s] injuries were the most severe he had seen from a sexual assault in his four years of practice. A laceration to the left wall of the vagina had separated her cervix from the back of her vagina, causing her rectum to protrude into the vaginal structure. Her entire perineum was torn from the posterior fourchette to the anus. The injuries required emergency surgery."
Kennedy was convicted of the crime and sentence to death in the State of Lousiana. However the US supreme court overruled, and Kennedy was given a life sentence.
A few statements of interest from the supreme court about this case .....
1. When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint.
2. The death penalty can be disproportionate to the crime itself where the crime did not result, or was not intended to result, in death of the victim.
3. Rape is without doubt deserving of serious punishment; but in terms of moral depravity and of the injury to the person and to the public, it does not compare with murder, which does involve the unjustified taking of human life
4. Evolving standards of decency must embrace and express respect for the dignity of the person, and the punishment of criminals must conform to that rule
Is this an example of decay / erosion of a civil society when the "dignity" of a perpetrator such as Kennedy, seems more important than the dignity of the victim?