United States Republican Congresswoman Nancy Mace has introduced legislation that would make child rape and aggravated sexual abuse of minors eligible for the death penalty under federal law, a proposal that is expected to face significant legal scrutiny given a longstanding Supreme Court ruling that limits capital punishment in such cases.
The bill, titled the Death Penalty for Child Rapists Act, would amend Title 18 of the United States Code to authorise capital punishment for aggravated sexual abuse of a child, sexual abuse of a minor, and abusive sexual contact involving a child. It would also apply to child rape offences prosecuted under the Uniform Code of Military Justice (UCMJ), which governs the conduct of United States military personnel.
“We have zero mercy for child rapists,” Mace said in a statement. “Those who prey on our most vulnerable deserve the harshest consequences we can deliver.”
Mace, who represents South Carolina’s First Congressional District, framed the bill as part of her broader campaign to increase accountability for sexual abuse crimes, linking it to her previous calls for full disclosure of the late convicted sex trafficker Jeffrey Epstein’s client list and for criminal consequences for those who assisted him.
The bill faces a formidable constitutional barrier. The United States Supreme Court ruled in Kennedy v. Louisiana in 2008 that imposing the death penalty for the rape of a child where the victim does not die violates the Eighth Amendment’s prohibition on cruel and unusual punishment. That ruling has effectively barred capital punishment for non-homicide offences against individuals at both the federal and state levels. Mace did not address the 2008 precedent in her announcement.
Legal analysts are likely to argue that any attempt to enforce the proposed law, if enacted, would be immediately challenged in federal court and struck down under the Kennedy precedent unless the Supreme Court agrees to revisit or overturn that decision. The current composition of the court has shown willingness in recent years to reconsider prior rulings, as demonstrated by the 2022 Dobbs decision on abortion rights, which overturned Roe v. Wade.
It was not immediately clear whether the legislation has the backing of House Republican leadership or whether a companion bill would be introduced in the United States Senate.
