Florida Man Faces Death Penalty for Sexual Crime Against Minor: Controversial New Law Spurs Debate

2023-12-16 05:56:00

In an unprecedented case in Florida (United States), Joseph Andrew Giampa, 36, could become the first individual to face the death penalty for a sexual crime against a minor. The case is framed by a new law promoted by Governor Ron DeSantis that allows prosecutors to request the death penalty in cases of sexual abuse of children under 12 years of age.

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Giampa was charged with sexual assault of a minor after allegedly recording a video while abusing a child. State Attorney William Gladson’s Office filed a notice of intent to seek the death penalty for Giampa, citing the “severity of the crime and its impact on the community,” the Tampa Bay Times reported. The investigator’s decision implies the formal application of the law promoted by DeSantis.

The legislation, signed in April, states that a jury can recommend the death penalty for sexual assault of a child under 12 by a vote of at least 8-4. When DeSantis signed the rule in April, he claimed that his administration was “authorizing the death penalty for child rapists.” My view is that there are some people who will be serial rapists of six, seven year old children. “I think the death penalty is the only appropriate punishment when you have situations like this,” the presidential candidate told a radio station in Orlando.

Ron DeSantis (REUTERS/Brian Snyder)

The law, which went into effect on October 1, was passed with support from both Republicans and Democrats and signed shortly after by DeSantis. It is the first time in modern Florida history that a prosecutor has sought the death penalty for a charge other than murder.

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“The decision to pursue the maximum penalty reflects the seriousness of the charges and the commitment of the State Attorney’s Office to holding criminals accountable for their actions,” the prosecutor’s statement read. Gladson’s office cited four aggravating circumstances that he believes qualify death as an appropriate punishment for Giampa’s alleged crime. Prosecutors argued that the crime was committed for pecuniary gain and was especially heinous and cruel.

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Giampa was arrested in November in Lake County, Florida. An arrest affidavit indicates the abuser was questioned at his home on Nov. 2 by Lake County Sheriff’s deputies. The alleged rapist showed officers his laptop, on which he had a video that, according to the affidavit, shows a man sexually abusing a child while recording the act. Part of the video showed the man placing the camera and moving in front of it, allowing police to identify the suspect as Giampa. He has been held in the Lake County Jail since his arrest last month.

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In 1977, the U.S. Supreme Court ruled that punishing rape with the death penalty violated criminals’ Eighth Amendment rights, which protect citizens against cruel and unusual punishment. Again, in 2008, in a 5-4 ruling, the US Supreme Court held that the Eighth Amendment’s ban on cruel and unusual punishment precluded the death penalty for child rapists.

However, DeSantis signed the law as part of his tough-on-crime agenda, which he has pushed throughout his presidential campaign, in which the Republican front-runner is former President Donald Trump. Florida’s governor has criticized “soft-on-crime” policies and “woke ideology” in other states while promoting his own vision for America.

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