Domer:
This is my second response to your post. I know that my question sounds really stupid but it presents a major problem. In my state a child under sixteen years of age can not give consent to sexual activity. Therefore all sex with a child is non consensual and therefore some sort of rape.
We have little problem defining rape of an adult, it is forced and unwanted sex. Is a four year old child raped when a pedophile works his way into that child's house and then penetrates the child's vagina with his penis? Does that deserve the death penalty? Should that be treated differently than someone who kidnaps the child and does the same thing? Should a household member be put to death who digitally penetrates the child's vagina? Should the penalty be different depending on the child's age?
The easy answer is yes to all but we would have pedophiles stacked like cord wood going through the appellate process. This issue creates lots of questions but not so many answers.
Tom