August 2008 Cover
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By
Bill Andriette
Could you end up on death row for consensual sex in the U.S.? Before the Supreme Court ruled in
Kennedy v. Louisiana on June 25, that was possible in half
the six states that had enacted capital rape laws.
In Georgia, a 19-year-old who got convicted of oral sex with a 15-year-old, and who then proceeded to elope with his or her partner (what a prosecutor might
call "kidnapping") would be subject to a death sentence.
Execution would be possible as well for an 18-year-old babystitter in Louisiana who gave an early birthday present of a blowjob to a boy just shy of 13. In any
case, she would face -- and still does -- a mandatory life term without parole.
B
ut the prize goes to Oklahoma lawmakers for the most expansive view of capital sex offenses.
In 2006, Oklahoma established that two convictions for "lewd molestation" of a minor under 14 warrant execution. The category is a catch-all: It covers
people who "look upon... the body... in any lewd or lascivious manner" of a minor. It covers a crime committed by older brothers everywhere who are forced to
share rooms with younger siblings: "ejaculat[ing] in the presence of...." Lewd molestation can even cover two adults chatting dirty together on the internet where
one purports to be underage.
See also this issue:
Iran, Nigeria, Sudan, Saudi Arabia, USA ; In June, a divided Supreme Court struck the U.S. off the list of nations where consensual sex can lead to execution
| Author Profile: Bill Andriette |
| Bill Andriette is features editor of
The Guide |
| Email: |
theguide@guidemag.com |
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