A bill that would add child sex trafficking and statutory rape to the crimes eligible for the death penalty was debated Monday in a Missouri Senate committee — despite conflicting with U.S. Supreme Court precedent.
The legislation is sponsored by state Sen. Mike Moon, an Ash Grove Republican who said Monday that one of the “principal purposes of government” is to “punish evil.”
Rape of children under 14 and child trafficking of children under 12 would be crimes eligible for the death penalty under his bill.
“And what’s more evil than taking the innocence of the child during the act of a rape? Children are in large part defenseless and an act such as rape can kill the child emotionally,” he said.
“And so I believe a just consequence, after a reasonable opportunity for defense, is death.”
The Senate Judiciary and Civil and Criminal Jurisprudence Committee heard the bill Monday.
State Sen. Karla May, a Democrat from St. Louis, pointed to Moon’s stance of “believing in life” as an outspoken opponent of abortion without exception for rape or incest, yet supporting expanding the death penalty.
“A 12 year old who gets pregnant, you believe that she should bring that child in the world, am I correct?” May asked.
“What crime did that child, that developing human child, commit to deserve death?” Moon replied.
“…But you believe in killing the father to that child?” May asked, if the father is a rapist.
“Yes,” Moon said. “If an attacker commits a heinous crime such as the ones that I mentioned in this presentation, I believe that if they’re charged and convicted, absolutely.”
The Rev. Timothy Faber testified in support of Moon’s bill, pointing to the “lifelong repercussions” of child rape and trafficking.
“It’s also a well established fact that those who commit sexual crimes seldom if ever change their ways,” he said. “Once a sexual offender, always a sexual offender.”
Elyse Max, co-director of Missourians to Abolish the Death Penalty, opposed the bill during Monday’s hearing.
“If the goal is to overturn established U.S. Supreme Court precedent, it’s far from a guarantee,” Max said, “and the amount of resources the state of Missouri would have to spend as well as the trauma to child victims during the process cannot be understated.”
The U.S. Supreme Court in the 2008 case Kennedy v. Louisiana ruled giving the death penalty to those convicted of child rape violates the constitution’s ban on cruel and unusual punishment unless the crime results in the victim’s death or is intended to. Only homicide and a narrow set of “crimes against the state” can be punishable by death, the court ruled.
“Adding statutory rape and trafficking as death-eligible crimes are a slippery slope,” Max said, “of expanding the death penalty to non-murder crimes that would bring the constitutionality of Missouri’s death penalty into doubt.”
“Instead of spending millions of dollars to possibly change long-standing precedent, Missouri resources should be spent to protect children from abuse in the first place, and ensure survivors have access to mental health treatment and proper support, following the offense,” Max said.
Moon said, regarding the Supreme Court precedent, that it’s worth challenging.
“That’s something that we need to start the conversation about,” he said, “and those things need to be challenged.”
Florida passed a similar law for victims of rape under age 12 last year. It received bipartisan support. In December, prosecutors in that state announced they’d seek the death penalty in a case of a man accused of sexually abusing a child.
Florida’s Gov. Ron DeSantis has said the state’s bill could lead the U.S. Supreme Court to revisit the issue.
Mary Fox, director of Missouri State Public Defender, which provides defense for the majority of death penalty cases in the state, argued Monday that the death penalty is “no deterrent to a crime.”
Fox also noted that an 18 year old dating a 14 year old could be executed under Moon’s legislation because that would be considered statutory rape.
Mei Hall, a resident of Columbia who also said she was a victim of sexual abuse, also testified in opposition.
“I don’t wish my abuser death,” Hall said. “I wish them to be sequestered away and unable to harm more people, for sure. But I don’t think it’s the state’s place to kill people in general and I don’t think it’s the state’s place to make it more difficult for child victims to come forward.”
Lobbyists from Empower Missouri and Missouri Association of Criminal Defense Lawyers also testified against the bill. A lobbyist from ArmorVine, testified in support.
Missouri was one of only five states to carry out death sentences last year, along with Texas, Florida, Oklahoma and Alabama. There are two executions scheduled for this year.
Three House bills filed this year would eliminate the state’s death penalty, but none has made it to a committee hearing.
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It’s now 1767 -
Top: 1767 Marquise de Caumont La Force by François Hubert Drouais (Ball State University - Muncie, Indiana, USA). From their Web site 1466X1806 @72 3.1Mp.
Second row left: ca. 1767 Lady Elizabeth Montagu, Duchess of Buccleuch and Queensberry by Thomas Gainsborough (Boughton House - GeddNorthamptonshire, UK). From cutlermiles.com/portrait-of-lady-elizabeth-montagu-duchess-of-buccleuch-and-queensberry-thomas-gainsborough/. 1440X1764 @144 2.6Mp.
Second row right: 1767 Lady Mary Fox wearing a Brunswick by Pompeo Batoni (location ?). From Wikimedia; fixed spots & flaws w Pshop 722X1010 @150 672kj.
Third row: 1767 Princess Louisa and Princess Caroline by Francis Cotes (Royal Collection). From Wikimedia 1033X1500 @28pixels/cm 407kj.
Fourth row left: ca. 1767 Lady Alston wearing a robe à la française by Thomas Gainsborough (auctioned by Sotheby's). From Wikimedia; fixed spots and flaws with Photoshop 1633X2000 @180 1.2Mj.
Fourth row right: 1767 Cecilia de Clercq by Tibout Regters (location ?). From liveinternet.ru/users/4853296/post435796664/ 1225X1920 @72 594kj.
Fifth row: 1767 Augusta Friederike Hannover by Angelica Kauffman (Royal Collection). From Wikimedia 927X1500 @72 370kj.
Sixth row left: 1767 Princess Louisa of Great Britain (Royal Collection). From Wikimedia; removed linear flaws with Photoshop 1240X1500 @198 623kj.
Sixth row right: ca. 1767 Izabela Lubomirska by Per Krafft the Elder after Alexander Roslin (Pałac Na Wyspie - Warszawa, Poland). From Wikimedia 1564X1970 @96 790kj.
Seventh row: 1767 Archduchess Maria Josefa by Anton Rafael Mengs (Museo Nacional del Prado - Madrid, Spain). From liveinternet.ru/users/marylai/post292168318 2004X2709 @300 2.1Mj.
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I’m so glad the Guillermo Del Toro Pinocchio movie is being received really well, because it was literally my most anticipated movie of the year! So here’s some fun facts about the crew, concept, and production that got me excited about this movie and that I think would excite much of tumblr as well:
-the screenplay was cowritten by Del Toro and Patrick McHale, creator of Over The Garden Wall and a writer on Adventure Time.
-the movie was codirected by Mark Gustasfon, who was the animation director of Wes Anderson’s Fantastic Mr. Fox (2009)
-the primary art/animation designers of this movie (production designer Curt Enderle, art director Robert DeSue, character designer Georgina Hayns, animation supervisor Brian Leif Hansen, and photography director Frank Passingham) previously worked on projects that include Coraline, the Corpse Bride, Paranorman, Isle of Dogs, Frankenweenie, Kubo, and Chicken Run.
-Besides Netflix, it was produced by the Henson company (always a good sign when you’re doing anything with puppets) and ShadowMachine, who have produced a lot of Adult Swim shows including Robot Chicken, Moral Orel, and Tuca and Bertie, as well as the Netflix original BoJack Horseman.
-Del Toro was inspired to make this adaptation due to the similarities he’d always noticed between the original Pinocchio story and Mary Shelley’s Frankenstein. Both are about a man-made character’s relationship with his father/creator, and his attempts to understand what it means to be human. This inspiration is why the film takes on a gothic feel at times.
-the movie is over 10 years in the making. Del Toro announced the project in 2008 and production began in 2012, but it went into development hell and no further updates were made for several years. Del Toro has described it as his passion project, saying "I've wanted to make this movie for as long as I can remember.”
-the backdrop of Mussolini’s Italy was intended to show how Pinnochio was able to find his own humanity and will in a time where everyone else was acting like a blindly obedient puppet. Del Toro wanted to deviate from the original book’s themes of obeying authority by making his Pinocchio virtuous for questioning the rules and forging his own set of morals. (Also if you know anything about Del Toro, the guy likes to dunk on fascism.)
-Del Toro didn’t feel the need to have Pinocchio become flesh-and-blood at the end of the movie, saying all you need to be a real human is to behave like one.
I was lucky enough to see this movie in 35 mm in a movie theatre on Thanksgiving weekend. If there are any movie theatre showings near you and you’re in a position to be able to attend them, I would totally recommend it especially if you can go with loved ones. It was a gorgeous, heartwarming, and magical movie to experience on a big screen and perfect for the late fall/winter holiday season.
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