Original manuscript & recording released:

March 5, 2026

Precedent vs. Protection: The Child at the Center of the Debate 

Andrew DeGroat, N.D.

In 2023, Florida enacted House Bill 1297, authorizing prosecutors to seek the death penalty for adults convicted of raping or committing aggravated sexual battery against a child under the age of twelve. The law directly challenges the U.S. Supreme Court’s decision in Kennedy v. Louisiana (2008), which held that the death penalty is unconstitutional for non-homicide crimes against individuals. Florida lawmakers passed the bill knowing it would test that precedent. The question that follows is unavoidable: should every state adopt similar legislation?

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To answer that question honestly, we must begin with the scale of harm. According to the Rape, Abuse & Incest National Network (RAINN), drawing on data from the U.S. Department of Justice’s National Crime Victimization Survey, approximately 433,000 people age twelve and older are sexually assaulted or raped each year in the United States.¹ Of all sexual assault victims, about 44 percent are under the age of eighteen.² Among those minors, roughly 34 percent are younger than twelve.³ These numbers indicate that tens of thousands of children under twelve are sexually victimized each year. Statistics alone, however, cannot capture the full magnitude of the crisis. Child sexual abuse remains significantly underreported. Many children are abused by individuals they know—family members, caregivers, trusted adults—making disclosure complex and dangerous. Fear, manipulation, and dependency silence victims long before the legal system ever becomes involved. What appears in official reports is only a fraction of what occurs in reality.

Even when cases are reported, justice is far from guaranteed. Sexual assault cases are among the most difficult to prosecute. They often hinge on testimony, credibility assessments, and forensic limitations. Survivors—particularly children—may endure repeated interviews, courtroom exposure, and defense tactics that question their reliability. The legal process, intended to deliver accountability, can instead compound trauma. Conviction rates for sexual offenses remain comparatively low relative to the scale of victimization. Against that backdrop, Florida’s HB 1297 can be understood as a declaration that the rape of a child under twelve is among the most severe crimes imaginable. Whether one supports or opposes capital punishment, the legislation reflects public frustration with a system that many perceive as failing to adequately deter or punish child sexual abuse. It also reflects a deeper societal demand: that the law unmistakably affirm the gravity of harm inflicted on children.

Yet the broader landscape of accountability tells a more troubling story. In high-profile cases involving powerful individuals, transparency and justice often appear uneven. The recent release of heavily redacted files connected to Jeffrey Epstein reignited public scrutiny over how institutions handle sexual exploitation. When legal systems rigorously safeguard the rights and reputations of accused abusers yet offer survivors limited pathways to restoration and closure, the imbalance sends a message. It signals that power can buffer consequences. It reinforces barriers to healing. It risks setting precedent—not merely in law, but in culture—that abuse can be obscured, delayed, negotiated, or diluted. The issue, then, is larger than one statute in one state. It is about whether our legal framework reflects the severity of child sexual violence and whether it prioritizes the dignity, safety, and restoration of victims. Florida has chosen to escalate penalties in direct confrontation with Supreme Court precedent. Critics argue that capital punishment raises constitutional and moral concerns. Supporters argue that the magnitude of harm demands the strongest possible response.

What cannot be disputed are the numbers: hundreds of thousands sexually assaulted each year, nearly half under eighteen, and a substantial portion under twelve.¹²³ What cannot be dismissed is the enduring gap between victimization and accountability. And what cannot be ignored is the public perception that systems too often protect institutions and the accused more effectively than they protect children. Florida has taken a position. The courts may ultimately decide its constitutionality. But the moral and policy question remains open for the nation: should every state adopt similar legislation?

Refrences

Rape, Abuse & Incest National Network (RAINN), “Victims of Sexual Violence: Statistics,” citing data from the National Crime Victimization Survey, U.S. Department of Justice.

 RAINN, “Children and Teens: Statistics,” based on U.S. Department of Justice analyses.

 Ibid.