Lake County pursues death penalty in sex crime prosecution
Lake County prosecutor William “Bill” Gadson announced he is seeking the death penalty in the case against Joseph Andrew Giampa.
Giampa has been charged with two counts of sexual battery upon victims under the age of 12 and three counts of promoting a sexual performance by a child.
This is the first case in the state to seek a capital conviction since the law went into effect in July of this year.
The State was meticulous in passing the law to ensure it met the thresholds for a death sentence established by previous US Supreme Court (SCOTUS) precedence. Gadson qualifies this case as meeting the four aggravating factors necessary for a capital charge.
The State has prepared the law and selected this case for a review by SCOTUS. All the t’s seem crossed and i’s seem dotted from that perspective. Left for review will be an answer to the question can the State execute for reasons other than murder.
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Just a thought; The states have a history of putting aside the protections of Ex Post Facto when it comes to kicking sand in the face of those forced to register as sex offenders.
Why do I feel like I’m watching the stampeding bulls of prosecutors lathering at the bit on this one?
I already thought the criteria for the death penalty was too lax before this year. The criteria for conviction is “beyond a reasonable doubt” by a unanimous 12 person jury. You would think that, once convicted, the criteria for receiving the death penalty would be more stringent. Possibly “beyond a shadow of a doubt” by a unanimous 12 person jury. Nope, the criteria was EXACTLY the same. Now it is even easier. Now the jury only need be 8 of 12 to receive the death penalty. That’s crazy.
As for the sexual battery charge being a capital offense, I thought it was decided decades ago that the punishment didn’t fit the crime. I’m not trying to downplay the seriousness of sexual battery on a child, but in the end the child is still alive. In my opinion, you can damage a child as much or more by using drugs while pregnant, driving under the influence, being an extremely abusive parent, or many other crimes. Again, not saying sexual battery on a child isn’t a horrible crime, I’m just saying I don’t believe it rises to the level of killing someone. IMO, this law was made because of some people’s hate and/or distaste, not because of justice being sought. If someone who committed this type of crime is highly unlikely to re- offend, then there is no public safety gain by killing them. So killing them seems only to satisfy some people’s anger. Pre-meditated murder? I don’t know the statistics to compare.
If you decide to drink and drive and then cause an accident that kills or maims a child, that child is likely far more affected. Should you face the death penalty for that crime? No, because the anger for that crime has not been stoked over the years as it has for sexual abuse.
Just trying to look at this from a neutral perspective.
Sir, have YOU EVER BEEN SEXUALLY ASSAULTED RAPED MOLESTED BY ANYONE? Well, I was as a kid by 3 different people 2 adult men and 1 teen female when I was like 7 and 8 years old. I didn’t know what it was, but it felt weird, and it hurt badly. From this Trauma and others I became a Bipolar, High Anxiety, Manic Depressive person who was diagnosed in 1990. I’m 54 today and it still affects me alot alot. I’m not myself some days and I have to detach from LIFE and be in a peaceful place till this mood swing goes away. I take 2 meds for my Childhood Traumas Wellbutrin and Lexapro. It affected how I viewed adults and made me a closed off person, who didn’t do well with being around crowds or trusting others. I have anxiety so high that I sweat for no reason but because of the meds It’s a whole lot better. BTW I have to take the meds for the rest of my life akin to a person with HIV that someone gave to them based on a Rape, have to take meds for the illness, so that it doesn’t turn into Aids, which kills you faster. Oprah said it best many years ago that when a child is sexually abused, they’ll never be the same and they have mentally killed which is worst then the actual act of being killed. So, sir I say an EYE FOR an EYE because I can tell you if the person who commits these crimes did it once they more than likely did it before but never was caught. The law is well positioned to SLOW down people taking SEXUAL ADVANTAGE of another because they can overpower them. It damaged me in ways I never knew until later in my LIFE hence why I will protect kids from the same with my LIFE, if I ever catch someone sexually abusing a child. I guess it’ll be their last day on earth cus I know me and my ANGER. ijs.
To answer your question, yes. Two males when I was around 5 and by 3 different females between 7 and 12. Oh and another female that didn’t include sex when I was 11.
Do I hate these people?
No.
Do I blame my depression and all my medications on them (i am on the same meds as you)?
No.
My “crime” was attempted L.L. Unsure how that plays…whatever. My wife/children have been FAR more affected by my presence on the registry than I have been by my assailants.
Which brings to the fore the little spoken damage the registry creates on a portion of those it supposedly tries to protect. My child is absolutely affected by the registry. Having to leave sports she loved when people realized my status as a registrant and were intolerant of her because of it.
As to my issues and need for medication, they stem from the pressures, anxieties, and downright attacks that myself and my family bear because the registry is public. I see a psychiatrist every other month, a psychologist every two weeks, and a therapist the two weeks opposite the psychologist.
You say, “eye for an eye.” I say that the two males have children and grand children now. I believe what happened was (at least in their instance) a stupid mistake. Two of females also have great families. The other two females I have no more knowledge of. Should I lash out and screw up multiple families? To what end? I did go through an angry period when I was a young man, but I decided that their actions since showed me that they were not evil. I pushed aside my hurt and moved on. I have contact with the men on a rare occasions, the women I don’t see anymore. I have never told the men that I remember. I don’t see where that helps anyone. The registry is the constant hurt in my family’s life. The registry is what is doing the damage. If it were only me suffering the damage, I could probably find a way to deal with it. But it is harming people I love and I can’t stop it.
Should i “go postal” and attack the system or at least the ones using and abusing it. But, how will that help me out my family? It won’t. It would only bring more pain and emotional suffering on them.
There are no easy answers. But trampling others rights and killing them is no solution. Forgiveness and moving on is what works for me. I wish that it was something that could work for you. We are all different.
The death penalty has always been about revenge. It’s never been a deterrent, nor has it reduced homicide rates. The execution of a man doesn’t bring back the victims of his crimes. It doesn’t restore a person. It sucks that you were assaulted. I’m sorry that you feel that your life has been so negative because of this. I encourage you to get some therapy or join a survivors program.
Thanks for being so transparent. You’re keeping it real.
Let me be real with you too. You become the person you are by the words you speak over your life, but it doesn’t have to be that way. You can be free. Don’t imprison yourself in cell of pain that you have created by focusing intensely on your past trauma. Stop seeing yourself as a victim and realize you can be a victor over your situation. Let Jesus take the sword out of your hand before it devours you, and He will give you REAL peace.
Just speaking as one who has already been set free….
First off, Oprah is a fool who is not an expert in any field other than broadcasting and she has no authority to make such preposterous statements.
Second, I did experience some things that were abusive and should not have happened. I also experienced things that were NOT abusive, but the exact opposite, though they were illegal. That is to say, I did not wait until I was “legal” to have sex. Most people don’t.
If any of the latter things had been disclosed to the wrong people at the time, I would’ve become a “victim on paper” despite not being a victim of anything in any normal sense of the word. I probably would’ve been chucked into therapy and brainwashed into believing I was a victim. I thank whatever gods there be that that never happened.
As for the other person (who was abusive and uninvited), while I am disgusted by his actions I don’t wish he’d spent decades in a cage over it. It wouldn’t have done me an ounce of good.
Once a person or gov’t has reached god status the death penalty should only be applied to subjects that such god had created. Otherwise uch killings should not be allowed.
😩 Florida has lost its mind. 😒
(I have to wonder if this won’t lead some to the horrible, unintended belief that “Well, if I am caught for the child sexual offense I committed, I will be sentenced to death…. Therefore, I must make the victim ‘disappear’.[read: 😵]”
And if the accused is a relative or immediate family member of the victim?? “Oh, my Dad died when I was young. He was executed because he touched me inappropriately.” 😖)
Very scary law. 😩
The Death Penalty Information Center https://deathpenaltyinfo.org/ and its State of Florida affiliate Floridians for Alternatives to the Death Penalty https://www.fadp.org/ are great Activists and Advocates and a Great Resource against the use of Capital Punishment.
On the bright side, he wouldn’t have to register.
@ Ben:
Sure he would. It’s Florida.