Florida has reignited a legal battle over the death penalty for child sexual offences after passing legislation allowing prosecutors to seek capital punishment in some cases involving victims under 12.

The law, signed by Governor Ron DeSantis, applies to adults convicted of sexually assaulting children younger than 12. It was introduced despite a 2008 US Supreme Court ruling that prohibits the death penalty when the victim survives.

In Kennedy v Louisiana, the Supreme Court ruled that capital punishment for child rape that does not result in death violates the US Constitution’s ban on cruel and unusual punishment.

Under Florida’s new law, juries can recommend a death sentence following a conviction. Supporters argue that the most serious sexual offences against children should carry the toughest possible penalties.

Mr DeSantis has criticised the Supreme Court’s earlier decision and said severe crimes against young children warrant the harshest punishment.

Legal experts and opponents, however, say the legislation faces major constitutional challenges. They also warn that the threat of a death sentence could have unintended consequences, including discouraging victims from reporting abuse or encouraging offenders to cause greater harm.

The legislation could ultimately lead to another challenge before the Supreme Court and give the justices an opportunity to reconsider its 2008 precedent.

This article was originally published by Antigua News Room. Read the original article here: Florida Law Revives Death Penalty Debate Over Child Sexual Abuse.