Execution for child rape?
Assault on victim under 12 could lead to death penalty
By Chris Barge, Rocky Mountain News (Contact)
Published February 19, 2008 at 12:30 a.m.
A lawmaker recently returned from a tour of duty in Iraq is anticipating more combat over his effort to impose the death penalty on those who brutally rape children 12 and younger.
It would join first-degree murder, kidnapping resulting in death and treason as the only crimes punishable by death in Colorado.
The U.S. Supreme Court in 1977 ruled the death penalty is cruel and unusual punishment for convicted rapists but left the window open for states to impose the ultimate punishment on those who brutally rape children.
Six other states since have passed laws similar to the one the Littleton Republican proposes. A challenge to Louisiana's version is set for a hearing before the U.S. Supreme Court.
State Sen. Steve Ward said Monday he began drafting the legislation last spring when he heard about Kennedy vs. Louisiana, in which 43-year-old Patrick Kennedy, of suburban New Orleans, was sentenced to death after having been convicted of raping his 8-year-old stepdaughter. Kennedy is challenging the constitutionality of a 1995 Louisiana law making aggravated rape a capital crime.
"The goal is to put the issue in play in Colorado," Ward said.
Under current Colorado law, those convicted of raping a child 15 or younger must serve four years to life in prison, with a parole board freeing them only after they have demonstrated they are no longer a threat to society.
Those rapists must spend at least eight years in prison if, during their sexual assault, they also applied force against their victim, threatened their victim or committed a pattern of sexual assault.
Ward's bill would mandate the death penalty or life in prison for a new crime called "aggravated sexual assault on a child" for that second, more serious class of rape, in cases where the child was 12 or younger.
Ward said he is aware his bill could become a lightning rod. But he insists he is putting it forward because it's good policy and not because he is running this year to replace U.S. Rep. Tom Tancredo, also a Republican, in Congress.
He recalled a town meeting in May that he held with Rep. Joe Rice, D-Littleton, where someone started "railing" against the death penalty. "I said, 'Well, then you're not going to like this - one of my bills next session will institute the death penalty for people that rape children under 12 years old,' " Ward recalled.
Ward said the room of mostly Democrats fell silent. But as they thought about it, he said, most agreed the bill was a good idea.
"Even with people who are generally opposed to the death penalty, you find support for the death penalty in these cases," Ward said.
Rice, who, as Ward did, recently returned from a military mission in Iraq, is co-sponsoring the bill. He too said it's a matter of good public policy.
"These are crimes against very vulnerable people and crimes that show there's very little chance of rehabilitation," Rice said. "I think it is obviously a very controversial bill and has a lot of pros and cons. But when I talked to a lot of folks in the district and a lot of people in general, if there's one case where it may be appropriate, this is certainly one of those most compelling."
Ward said he deliberated long and hard and decided only Friday - a filing deadline - to go forward with the bill after being reassured of not only Rice's support but that of Sen. Brandon Shaffer, D-Longmont.
Shaffer's backing is crucial because he leads the Senate Judiciary Committee, which is where the bill will be heard first.
"I personally believe there are certain circumstances where the death penalty is warranted, and I believe this is one of them," Shaffer said. "I don't take this subject lightly, but this is about as heinous of a crime as we see in modern-day society."
He added, however, that while the bill is straightforward in concept it promises to be a complicated and potentially expensive law to carry out.
Rep. Paul Weissmann, D-Louisville, opposes expanding the death penalty in any way - not just because he morally opposes the sentence, he said, but because death penalty cases are a huge drain on the state's criminal justice system.
"The bottom line is in Colorado, two times in my lifetime we've carried out the death penalty," Weissmann said. "We spend millions of dollars for a sentence we never use. Now if we expand the number of cases that qualify for the death penalty, we'll be spending even more money for cases that are never carried out."
Weissmann has sponsored legislation banning the death penalty in Colorado each year he has served. It died last year after district attorneys argued they needed the law to effectively prosecute and deter crime. Gov. Bill Ritter, who tried several death penalty cases as Denver's district attorney, opposes Weissmann's bill as well.
Weissmann and others predicted that one of Ward's biggest hurdles will be getting his bill past the House Appropriations Committee - if it makes it that far.
bargec@RockyMountainNews.com or 303-954-5059
Death-penalty crimes in Colorado
The following crimes are Class 1 felonies in Colorado, meaning those convicted of them must be sentenced to death or to life in prison without parole, unless convicted of a crime committed while a juvenile, in which case there is a mandatory sentence of life in prison with the possibility of parole after 40 years:
* First-degree murder (CRS 18-3-301)
* Kidnapping resulting in death (CRS 18-3-301)
* Treason - levying war against the state of Colorado or adhering to its enemies, giving them aid and comfort (18-11-101)
Circumstances that could result in the death penalty include:
* Killing someone while in prison.
* Killing a peace officer, firefighter, judge, elected official or federal law enforcement officer.
* Killing a person who was kidnapped or being held hostage.
* Being party to an agreement to kill the victim.
* Ambushing the victim or using an explosive device.
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February 19, 2008
6:36 a.m.
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Hedz writes:
Now that's what I'm talking about....
February 19, 2008
6:50 a.m.
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DahmersCookbook writes:
Don't give 'em polygraphs because anyone can flip A coin or spin A wheel. Don't subject 'em to junk psychology that did never, has never and will never work, just do what should be done and off 'em.
February 19, 2008
7:02 a.m.
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vudumom writes:
Once again we see the legislature wasting time on a bill that will go nowhere.When was the last time Colorado actually put someone to death?What needs to happen is a bill that put offenders in prison for long periods of time ,like Jessica's law.First time offense on a child 12 and under mandatory 25 years to life.This would take the sentence out of the hands of judges and make these predators do a minimum of 25 years.
The minimum times stated in the article are too broad and does not address the seriousness of raping a child.
The current law for child rapists are insane.
4 years for the rape of a child under 15,8 years for a rapist if they applied force? Come on! This law isn't even being carried out.
Boulder let a violent rapist of a 5 year old out of prison after serving 7 years.You can't tell me there wasn't force applied and this child willingly said yes to being raped! A 5 year old?Yet Boulder let him out after 7 years! This is why the minimums must be raised to 25 years to life.There is nothing I would like better than to see these scum put to death.I personally would love to inject them with something that would produce a slow painful death.It is not going to happen.The legislature needs to be serious about this and put these people away for minimums of 25 years,not put death on the table.
I've been waiting for Colorado to do something and adopt legislation and join 42 other states that have adopted Jessica's Law or something very simular.This bill is never going to make it and while it may feel good it is not going to make it.The legislature doesn't have the stomach for it.Why not do something that has a real impact and will actually do something for our children.Stop the bullcrap and address the seriousness of what needs to be done.Colorado doesn't have the will or stomach to put someone to death so why waste time on a dead bill.Put something on the table besides some feel good legislation that isn't practical.Jessica's Law 25 years to life 1st offense on a child 12 years and under.That is what needs to be done.
February 19, 2008
7:32 a.m.
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Eric writes:
With solid physical evidence....put them down.
February 19, 2008
7:39 a.m.
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jacka writes:
I am pro life (no abortion/death penalty). Let them rot in general population with a no parole life sentance.
Its usually cheaper that way.
February 19, 2008
7:42 a.m.
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DahmersCookbook writes:
This law will never take effect, what will happen is what happens now. They will sit in Jail for A short (to the victim) amount of time and then live life under these junk science 'treatment' centers. What they need is longer jail sentences with credible treatment on the inside. On another note if you went streaking you could suffer the same 'treatment' as these sick'os. Monkeys hold the reigns thats why this 'Postal' mentality is becoming more rampant.
February 19, 2008
8:22 a.m.
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EZBakeOven writes:
I'm all for this. These piece of sh*t offenders just keep repeating their crimes - they are not rehabilitatable, so rid society of them.
February 19, 2008
8:38 a.m.
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Squatch writes:
About time somebody decides that they actually want to protect our children. I agree 100%
February 19, 2008
9:04 a.m.
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Dhakala writes:
There is no point in a punishment that society is unwilling to impose. The death penalty is effectively dead. This bill won't revive it.
February 19, 2008
9:05 a.m.
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mytwosense writes:
hakj, I see your point and I believe that innocent people are sometimes convicted of crimes they didn't commit. However, in the cases of "brutal rape," there is usually DNA evidence.
The brutal rape of a child in many ways kills a part of them that they can never get back. I was surprised to learn in this article that sentences for such crimes start at as little as four years! A poster mentioned these people can't be rehabilitated - for the most part, that poster is correct. I've done research on this very subject, as I have a client who makes monitoring technology, much of it used by law enforcement to monitor sexual predators when they are released from jail. Studies show that the likelihood of rehabilitation is practically negligible between sexual predators who undergo intense therapy programs compared with those who don't.
These are dangerous, dangerous people who cannot control their impulses, and they pose a real danger to our children. If you go to one of the sexual offender databases and type in your address, you will be shocked to see how many registered offenders there are in your area. The scary thing is that at least 25% of known offenders do NOT register. They're just out there somewhere...another good reason to require mandatory electronic monitoring if they can't be given life sentences.
People, educate your children, and empower them to trust their instinct to make smart decisions. That is also critical. It sounds obvious, but some people don't really ingrain in their children to never, ever get in a car or go somewhere with a stranger, and to LEAVE a situation with an adult they know if they start to get weird vibes.
February 19, 2008
9:09 a.m.
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mordred1980 writes:
I would like to agree with the statement that IF passed, this law should not apply without solid Physical evidence, no hear say evidence, no allegations. Let the science tell the truth.
February 19, 2008
9:16 a.m.
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POHA writes:
Solution:
Stop incarcerating non-violent crimes: instead impose stiff fines, strict parole guidelines, enforce major community service. Failure to maintain these guidelines = Imprisonment.
Imprisonment ofor violent crimes: no tv, no books, NO luxuries, extremely hard work, and no nonsense. No getting out early for good behavior. Solid, set, dependable length of imprisonment.
Imprisonment for the mentally ill: should not be incarceration, rather, it should be institutionalization. Differently funded, different circumstances. Most mentally ill people are non-violent, and many of our prisoners are mentally ill. This doesn't make sense!
Death sentence: for crimes that are provable *beyond a reasonable doubt*. When did our system go so wrong? How is it that someone is found _guilty_ BEYOND A REASONABLE DOUBT, and yet can appeal?? Our system is broken. If we cannot convict someone with solid evidence, then they shouldn't be convicted. However, if you have solid evidence, the punishment needs to be delivered swiftly. No sense in paying for the many years of appeals. And yes, if there is any crime that is worthy of death, it is the rape of a child.
February 19, 2008
9:19 a.m.
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Patriot writes:
Guilty with the evidence to prove it, they deserve the death penalty, I don't want to subsidize these obviously mentally ill people, they are not able to rehabilitate, so death is the most efficient way to deal with them.
February 19, 2008
10:04 a.m.
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Marshdale writes:
As horrible of a crime this is, the death penalty is not the answer. Being a victim of child rape myself, I would never want to see the person who did it put to death. No, I am not suffering from Stockholm Syndrome. I wonder if Mr. Ward is a Christian? If he is, he just throws the new testament out the window when it is convenient for his political career and disobeys the teachings of Jesus. I am not a Christian but I certainly understand why Christ became so popular. He offered reprieve from the brutality of the Old Testament and changed the way people established a relationship with God. He offered forgivness to those who asked. So, Mr. Ward if you are one who claims to be Christian you better question your relationship with God.
February 19, 2008
10:14 a.m.
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soccer_mama writes:
I get so tired of hearing about the rights of the convicted. If you do the crime, pay the price. Bottom line. The convicted obviously didn't think of the rights of those he/she violated. These are our children we are talking about here. I agree w/ an above posting, what child would willingly say please rape me and ruin my innocense?
The death penalty needs to be applied and used!! What is the point of putting people on death row if we aren't going to apply it? What are we telling the criminals out there?
I don't think that are laws are fair, 4 years mandatory for raping a child? Serving maybe 20 years? If they commit the crime at 20, they are out with plenty of time to keep on offending.
I'm all for castration-may not stop them from having the thoughts/desires to re-offend, but it takes away their ability to rape.
February 19, 2008
10:34 a.m.
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Marshdale writes:
Nobody want's to say it, but children will lie also, because they are not fully aware of the ramifications of their fabrication and accuzations. Thank god some DA's and child psychologists are aware of this, but there needs to be more who are not out on the stump futhering a political career. Be aware that there better be clear evidence before convicting someone of this terrible crime.
February 19, 2008
10:47 a.m.
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Diff writes:
Emotionally -my first response is a clear and strong YES. If anyone deserves the death penalty for a crime this type of scum-bag more so than any others!
But then I think about those who are truly NOT guilty and have been convicted of anything from rape to robbery to murder. I think of the fact that the most falsely report crime is sexual assault.
I think of the basic premise behind capitol punishment is the eye for and eye passage in the bible.
Then I remember also why I am generally have a problem with the death penallty at all ....
The I come back to practical thinking and come to the conclusion that this will never likely pass, and even if it did it would be challenged to the supreme court and I doubt that anyone would be executed under it this law.
But if any one would ever deserve this - these bastards do!
My own daughter was the victim of Sexual Abuse - I know. For Years I had fantasies of meeting the accused (tho never convicted) in a dark alley and taking care of him myself....
February 19, 2008
10:54 a.m.
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Squatch writes:
A lot of these cases are more cut and dry than you would expect. If they have DNA evidence and it proves that he raped a 7 year old girl then he doesnt deserve a chance to do it again.
February 19, 2008
12:02 p.m.
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dadinlittleton writes:
Gezz, guys no physical evidence and people are convicted???? In this day and age with what we can do with CSI's and DNA??? No, i agree with the idea of tough enforcement but not if it can't be proved outside of hearsay IE with physical evidence. But why make a law were never going to use anyways. Stop looking for votes. Enforce the laws we have now. We need laws that have teeth in them not another punishment we will never see.
February 19, 2008
12:37 p.m.
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redwhiteandBLUE writes:
Where's the JUSTICE for 3 yr.old "Neveah" ?
February 19, 2008
1:02 p.m.
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bookwerm writes:
I do support sentences for Rape of any kind at least as long as for Murder. Death penalty only when there is physical evidence, not just testimony, and that should be all around, not just for this. 4 Years and out? For Rape of a kid? I would rather have murderers walking the street than folks like that. The real answer is better enforcement, more support in the community, hotlines galore for any kid to call, and pass out cheap video cams to any kid that wants to ensnare their abuser with evidence, no questions asked. I lost my cousin to an abuser that is walking the streets.. he killed himself at 11 due to the abuse, and guess what? since he is dead, they have no case to put the guy away.
February 19, 2008
1:17 p.m.
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Radar writes:
Castrate, then execute!
February 19, 2008
1:46 p.m.
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newsjunkie writes:
so predictable - politicians will say ANYTHING, promote ANY stupid bill to demonstrate to the electorate that they are "tough on crime." and what they propose won't make children any safer. I can't believe this sort of nonsense will even get past the committee. what a waste of breath, waste of time and waste of taxpayer dollars. it's such a short legislative session and we have fools like Ward wasting precious time and resources on bills that have no chance of passage and do nothing in the way of making Colorado safer for children. I've got a suggestion, Ward - how about doing the real hard work and coming up with early intervention programs for at risk children and strengthening our failing social services agencies - the most likely to be sexually abused? give social services and law enforcement the tools to truly help protect kids from abuse. oh - but wait, I forgot, that would actually take some creative thought, research and funds. i.e., real work. it's so much easier to come up with some knee-jerk, headline grabbing solutions - let's execute the child rapists!
February 19, 2008
2:18 p.m.
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Zinnia79 writes:
Rapists of innocent children should be castrated....although that will never happen in our so-called "civilized" country. How many times do we see in the news that a rapist was released from jail and goes out in the free world just to rape more people. It's sickening and terrifying. There is no punishment that is too extreme for these disgusting child rapists. Unfortunately, I regret to say....this problem will never stop. I just know that they will get their karma and punishment in ways that are unknown to us. For all the rapists out there, I wish for you 100 times more pain than what you've caused your victims.
February 19, 2008
2:36 p.m.
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sam writes:
Unfortunately, most children who are molested do not put up a fight. Many of them are too young to understand that they are being perpetrated on, and in many cases the perpetrator has manipulated the child for weeks or months and physical force isn't necessary. This scenario doesn't make the crime any less brutal, but typically the victims don't suffer so-to-speak "physical harm," making the collection of physical evidence almost impossible, unless the child reports the molestation immediately, which is very rare. The risk of people being wrongly accused is too great to enforce a death penalty that's in crisis anyway. I would guess that the majority of children who are brutally raped, are also murdered, making this whole thing a mute point.
February 19, 2008
2:58 p.m.
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momof5 writes:
I'm pretty sure that anyone who received the death penalty for this offense would have been convicted with plenty of physical evidence. There is a difference between molestation and forcible rape. I don't think anyone is advocating the death penalty for molestation even though I believe that the punishments for any type of abuse - physical or sexual on a child are far too lenient.
These people cannot be rehabilitated. They have stolen a child's innocence. They don't deserve to live.
February 19, 2008
3:50 p.m.
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foundingfather writes:
hakj and the rest of you that oppose this - give it up.
Tim Masters is a very, very, very rare case.
Brent J Brents, John Couey (Florida) and this new one in Mass. are all to common nowadays.
http://www.boston.com/news/local/arti...
It is better for our society deal with the rare mistake of a Tim Masters (do we actually know yet if he did NOT do it?) than to have to explain on a daily basis to parents of these innocent children we were not strong enough to do what needs to be done to these monsters. It's clear the death penalty costs too much to actually finish. It should be a much faster process and thereby lest costly. As long as there are incompetent judges, the chance for parole or the chance for escape we FAIL to protect the innocent by allowing predatory offenders to breath on this Earth. I will gladly take the responsibility of apologizing to the very few innocent who are falsley accused if you're willing to be the ones who explain to the many parents and child victims why this person was paroled, let free on technicality, fooled the parole board or escaped and you did not have the will to stop their acts.
February 19, 2008
3:51 p.m.
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buffsblg writes:
momof5, where do you draw the line between molestation and rape, neither of which is a legal term? How are you "pretty sure' that anyone convicted would be on physical evidence? There was no physical evidence against Tim Masters, but 12 jurors still sent him to prison. There is just too much uncertainty in this area of prosecution to impose a permanent and irrevocable penalty. I have practiced child protection law for 20 years and have little sympathy for child rapists. However there are a subset of these allegations that are false and made up for other reasons. The risk of convicting an innocent person is just too high.
The torturers on here who advocate castration are simply ignorant. Rape is not a crime about sex drive. It is about violence and control. Mutilating people does not solve the issue, just gives vent to our baser instincts.
February 19, 2008
4:05 p.m.
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foundingfather writes:
"The risk of convicting an innocent person is just too high."
It's always entertaining to hear someone so concerned about the risks of convicting an innocent person when those risks are mitigated by paid or free legal representation, a judge, a jury of peers and seemingly endless appeals. You call that uncertainty in the area of prosecution? I call it very forgiving.
But enough about criminal's rights. Tell me, how is the risk of convicting an innocent person is higher than the risk of Brent J Brents being let go to harm another half dozen victims? How did you prevent their risk of being a victim of this guy?
February 19, 2008
7:33 p.m.
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LOUIE writes:
It's long overdue, These scumbags are the incurable scurge of society. No millstone, just a quiet needle.
February 20, 2008
12:42 a.m.
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happymike44 writes:
I think we should use chemical castration on these individuals.Also if someone is convicted of the crime and later found innocent.You can not undo a death sentence.That person is gone,D.N.A. is proving people who were wrongly convicted went to prison for twenty years.They were later found innocent.Also how many people were given the death penalty,and were innocent.These are some ideas for you to think about.Electronic monitoring,chemical castration,Lifetime theraphy.Also make it a felony for them to be within 100 yards of a school,park,playground,daycare facitlites.These are some ideas why put them in prison.Make them bear the cost of all these programs.Now what do you think,I just put forward some ideas.Also why should we house these people and pay for incarceration.Also if they violate these laws,Then lock them up for a extended period of time.
February 20, 2008
7:19 a.m.
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LOUIE writes:
It is not for the innocent that die, but the fear of it's imposition that rules the masses. Sad equation, however if you could please call a name of one of these innocents, that he be remembered as a reminder of man's fallability in search to find a true justice. Man has always culled his own of that which he fears, a brutal beating in addition to raping a child under 12. I have some real fears of a repeat performance, and how many times must he have done this to our children? Three strikes perhaps, lets put a number on it as a qualifier. I can forgive the murderer, burglar, the drug dealers, but why this crime? Teachers, men of God, Boy scout Leaders, maybe it is the position of trust we place on our fellow man with the lives of our children. Children are the innocent trust we require of all as whole society. Christ offered a millstone, Allah ?, Who loves them?
February 20, 2008
12:10 p.m.
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Radar writes:
Fresh it is not just a case rape, it is a matter of raping a child 12yrs. and younger. I'm already mad as hell about having to keep paying for violent jerks that have life terms instead of being executed. These dirtbags need to go. Is 25 years worth your childs innocents, and life long memories of a time in their life that no child should not have to experience.
February 25, 2008
11:46 a.m.
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garion01 writes:
Everyone in this country should be concerned about innocent people being convicted and put to death for anything. With so much info being on computers, how hard do you think it would be for them to get evidence against you for anything, and have that proof show up on your computer?
Would you forgive the drug dealing hoodlum that kills or even permanantly maims your innocent child in a drive by shooting because they don't have the cajones to stand face to face with a rival and duke it out?
You used to hear that people couldn't be convicted on hearsay. That isn't true anymore. Especially when it comes to this topic. Adults can be led to say what is wanted to said. How much easier is it to get a child to say what an adult wants them to say? How many kids lie about something happening to get out of trouble or to get revenge? And if they can't get you on the human physical evidence, you can bet there will be other 'evidence' that shows up. Just like the throw away guns police have used how many times as evidence against some unarmed person they shot. Or do you believe that never happens?
I say a genetic study should be done on ALL repeat criminals, from drug dealers to murderers,pedophiles and even crooked politicians. Find the gene that makes them do what they do. Then, at birth, or before, it can be fixed, or otherwise dealt with.