Victims’ advo­cates and pros­e­cu­tors are urg­ing Texas leg­is­la­tors to exclude the death penal­ty from new leg­is­la­tion designed to tough­en penal­ties for repeat child moles­ters. Those opposed to the mea­sure fear that threat­en­ing death sen­tences for sex offend­ers could lead to few­er report­ed cas­es of sex crimes and might even give incen­tive to offend­ers to kill their vic­tims to pre­vent the child from tes­ti­fy­ing in court.

Annette Burrhus-Clay, exec­u­tive direc­tor of the Texas Association Against Sexual Assault, not­ed that nine­ty per­cent of child-sex vic­tims know their offend­ers. ​“We’re def­i­nite­ly not con­cerned with the intent. We’re con­cerned with the unin­tend­ed con­se­quences.… Imagine the pres­sure the fam­i­ly would expe­ri­ence if grand­pa could be giv­en the death penal­ty,” Burrhus-Clay said. Shannon Edmonds, a for­mer pros­e­cu­tor and direc­tor of gov­ern­men­tal rela­tions for the Texas District and State Attorneys Association, added, “[J]ust being tough on crime does­n’t nec­es­sar­i­ly advance the ball for pub­lic safe­ty.” Prosecutors also fear allow­ing the death penal­ty for repeat sex offend­ers will make offend­ers less like­ly to plead guilty, which could clog courts and force child vic­tims to take the stand in extend­ed jury tri­als.

Sen. Bob Deuell, one of sev­er­al leg­is­la­tors to file a bill that includes the death penal­ty for repeat child-sex offend­ers, said, ​“My goal, of course, is that there be no more vic­tims. But I’m open-mind­ed, and I don’t have any delu­sions that mine is the per­fect bill. These are the peo­ple we real­ly want to do this for, so we need to hear from them.” Victims’ rights groups and pros­e­cu­tors have vowed to work with leg­is­la­tors to craft a bill that pro­tect child-sex vic­tims with­out includ­ing cap­i­tal pun­ish­ment as a sen­tenc­ing option.

(Dallas Morning News, January 5, 2007). See New Voices.

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