NASHVILLE, Tenn. (WTVF) — Tennessee lawmakers are considering a move that would allow convicted child rapists to be eligible for the death penalty. For House Majority Leader William Lamberth, R-Portland, the reasoning is simple: heinous crimes deserve the maximum punishment.
"If someone rapes one of our children, they are forfeiting their own life," Lamberth said during committee debate back in January. "Life in prison, for these evil people, is simply too good. They should not be able to live out their days with the rest of us."
"Chilling Effect"
But Stephen Woerner of the Children's Advocacy Center of Tennessee thinks there could certainly be unintended consequences if it passes.
"We’ve got reservations," said Woerner, who serves as Executive Director. "You’re asking a child to make a report on someone that they both know and also often love, even though they want the crime to stop, with an understanding they may put this person to death. It’s my cousin, it’s my uncle, it’s my step-dad."
In addition to the chilling effect on reporting abuse, Woerner is worried that the lengthy process of death penalty cases could lead to repeated re-traumatization of the victims.
"Great, we’ve got a conviction, this child is going to have to relive this trauma of their court case and all of the drama going around it, for 20-40 years," he said.
Wrongful Convictions
Then, of course, there are the times when prosecutors, judges and juries get it wrong. William Arnold Jr. was sentenced to 25 years in prison, after being accused of raping a child he was mentoring through a non-profit organization. Even after his conviction and sentencing, he always claimed he was innocent. Eventually, a court agreed with him.
"In 2020, my case was unanimously vacated and the charges were dismissed, and I came home in April of 2020," said Arnold.
But Arnold shutters to think, if the bill was law years ago, he could have been up for the death penalty.
"I can only imagine the damage it would do," said Arnold in an interview with NewsChannel 5. "It’s not good legislation."
Who is William Arnold?
In 2013, William Arnold was sentenced to 25 years in prison after a Davidson County jury found him guilty of sexually assaulting a 10-year-old boy he'd been mentoring through the Boys and Girls Club and Big Brothers, Big Sisters program.
Two years prior, the mother of Arnold's accuser told NewsChannel 5 Investigates that after she'd filed a $3.5 million dollar lawsuit against Arnold and Big Brother Big Sisters that Arnold had repeatedly had sexual relations with her son.
Arnold insisted he'd been wrongfully convicted. He said he'd been fighting to expose what he called a twisted case of "mistaken identity".
In 2018, Arnold spoke to NewsChannel 5 Investigates through a series of phone calls stating he never sexually assaulted or inappropriately touched the boy.
He told NewsChannel 5 that the sexual relationship had actually been between the young boy and another man also named William.
Arnold spent seven years in prison before the Court of Appeals overturned his conviction because he'd been wrongfully convicted.
In February 2020, in a 70-page ruling, the Tennessee Court of Criminal Appeals threw out Arnold's conviction and sentence. The ruling stated that the attorney's in the trial had been "ineffective" and that the prosecutor was "exceedingly improper".
The Davidson County District Attorney's Conviction Review Team then told a judge it would not retry the case because they "no longer had confidence in Arnold's conviction and his guilt."
Court Battle
It's worth noting, as Supreme Court precedent currently stands, it's unconstitutional to execute someone for an offense other than homicide. But Republican lawmakers think with a new Supreme Court conservative majority, that ruling could be overturned. Two years ago, Florida passed a similar death penalty law involving child rape and may end up being the test case.
Neutral on the issue
Ultimately, the Children's Advocacy Center of Tennessee decided to not fight for or against the bill.
"We are neutral on the bill," said Woerner. "We’re not taking a stance either for or against it."
He says when they spoke to their caseworkers, their opinions were split on the issue.
"There was enough consideration around, both the positives of truly a just consequence for lifelong trauma versus what happens when you have to give that kid therapy for the 30-40 years that may take," Woerner explained.
What's next?
The full Senate passed the measure Tuesday, 28-5. Sen. Todd Gardenhire, R-Chattanooga, was the lone Republican to vote against it. The House has placed the bill "behind the budget" which means they will take up the proposal after the final state budget has been passed.
