A Florida prosecutor is putting to the test a new Florida statute that allows child rapists to be executed by utilizing the case of a man accused of sex offenses against minors.
State Attorney William Gladson said on Friday that a grand jury had indicted Joseph Andrew Giampa on six counts of sexual battery upon a person under the age of twelve and three counts of promoting a sexual performance by a child, according to a statement on the office’s website.
“Given the severity of the crime and its impact on the community, the Fifth Judicial Circuit State Attorney’s Office has filed a notice that it intends to seek the death penalty,” the office said.
The office explained the decision by saying, “The decision to pursue the highest penalty reflects the gravity of the charges and the State Attorney’s Office’s dedication to holding criminals accountable for their actions.”
Florida Child Rapist Could Be First in State to Be Put to Death – https://t.co/IF6gRLIRo9
— Laurel700 (@Laurel700) December 17, 2023
This is the first case to be prosecuted under a new statute that allows for the death sentence for child rapists.
Gladson’s office told WKMG-TV that Giampa’s case had aggravating elements.
Giampa has a history of using or threatening violence against others; the victim in this latest case was especially vulnerable due to the child’s age; the case was especially heinous, atrocious, or cruel; and monetary gain was a factor in the alleged crime, according to the office.
According to a Lake County Sheriff’s Office arrest affidavit, footage showed a youngster being forced to perform a sex act and having intercourse.
Florida Imposes Death Penalty for Child Rapists. https://t.co/l6AwtxmZHX pic.twitter.com/w08V93hMY6
— Virginians 4 Safe Communities (@VA4SafeComm) December 14, 2023
According to the New York Post, a video discovered at the time of the arrest showed the child’s alleged abuser expressing that he “likes it more when [the victim] does not like it.”
There are various impediments in the way of Giampa’s execution.
For starters, he must be convicted. A death penalty recommendation would require the support of at least eight members of a jury.
If the death sentence is imposed, appeals to the Supreme Court would pit Florida’s law against U.S. Supreme Court precedent that limited the death penalty to offenses involving the death of a victim.
According to the New York Post, DeSantis, who is running for the Republican presidential nomination, believes child rapists should be executed.
“My view is, you have some of these people that will be serial rapists of six, seven-year-old kids. I think the death penalty is the only appropriate punishment when you have situations like that,” he said last month.
“In Florida, we stand for the protection of children,” DeSantis said after signing the bill, according to CNN. “Unfortunately, in our society, you have very heinous sex crimes that are committed against children under the age of 12 years old.”
DeSantis said when he signed the bill, he expected a challenge, according to the Tampa Free Press.
“And so this bill sets up a procedure to be able to challenge that precedent to be able to say that in Florida, we think that the worst of the worst crimes deserve the worst of the worst punishment and I think that that’s the only thing that’s appropriate.”