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Louisiana Asks Court To Revisit Rape Laws

Publication Date: 
July 22, 2008
The New York Times
Adam Liptak

Professor Jeffrey L. Fisher is quoted in a New York Timesstory about perceived shortcomings in the recent decision by the Supreme Court concerning child rape and the death penalty:

Jeffrey L. Fisher, a law professor at Stanford who represented the defendant in the case, Patrick Kennedy, said “rehearing is completely unnecessary.” Military law does not apply to Mr. Kennedy, a civilian, Professor Fisher said, and Congress has not made child rape a capital offense for civilians.

Professor Fisher added that military law has long made rapes of both adults and children capital offenses in some circumstances. The innovation of the 2006 law was only to break out children as a separate category.