Florida Can Now Seek the Death Penalty in Child Sexual Abuse Cases
In December 2023, Lake County, Florida prosecutors announced that they would seek the death penalty for a man accused of committing sexual battery against a minor under the age of 12. State Attorney William Gladson said that the decision reflects the “severity of the crime and its impact on the community.” Earlier that year, Governor Ron DeSantis signed legislation that expanded the death penalty to include those convicted of sex crimes against children. Joseph Andrew Giampa of Leesburg is the first individual to receive the death penalty for crimes against children.
The case is the first in modern times to seek the death penalty in a situation where the charges do not include murder. The new provision is likely to face constitutional challenges. The U.S. Supreme Court ruled in 1977 that a death sentence for the crime of rape against an adult woman that does not result in her death is unconstitutional and constitutes cruel or unusual punishment. A similar case was decided in 2008 in Kennedy v. Louisiana when the Supreme Court ruled that a law making the death penalty an option for the crime of raping a child was unconstitutional.
Proponents of the bill believe that the Kennedy case was wrongly decided and that such rulings are “an egregious infringement of the states’ power to punish the most heinous of crimes. The bill’s sponsor said that “the most serious crime like sexual battery on a child needs the most serious punishment and the most serious penalty and the most serious deterrent.” The bill passed the Florida legislature with bipartisan support. During the same legislative session, Florida voted to decrease the threshold for death penalty recommendations by jurors from 12 – 0 to a vote of 8 – 4.
A look at the defendant
Joseph Andrew Giampa, 36, of Leesburg, FL is the first individual to face the death penalty under Florida’s new law. An arrest affidavit states that Lake County sheriff’s deputies questioned Giampa at his home on Nov. 2, 2023. During this conversation, Giampa led the deputies to a camper and allowed them to see a video on his laptop computer. The affidavit describes the video as depicting a man sexually abusing a child while recording the act. At some point during the video, the man puts the camera down and moves in front of it. Deputies identified the man as Giampa, according to the affidavit.
In his notice to seek the death penalty, the lead prosecutor noted four aggravating circumstances that they say qualify death as an appropriate punishment. Law enforcement says that the crime was committed for monetary gain and was especially heinous, atrocious, or cruel.
Talk to a Tallahassee, FL Criminal Defense Attorney Today
Luke Newman, P.A. represents the interests of those who have been charged with serious crimes in Tallahassee, FL. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin providing you with a vigorous defense to the charges right away.
