Death Penalty for Non Murder Cases

In response to a case of Louisiana man Patrick Kennedy who raped his 8 year old stepdaughter, the Supreme Court is considering whether or not to declare the death penalty unconstitutional for child rape cases. The judges are divided on this and there seems to be no middle ground, they are either for the idea or completely against it. Some of the judges, such as Justices Roberts, Scalia and Alito are for the death penalty and have made comments suggesting the heinousness of a child rape crime is at least equivalent to that of murder. Other Justices such as Stephen Breyer and John Paul Stevens think differently. Breyer stated, "I'm not a moralist. I'm a judge. As a judge, I look at the law. It seems for 43 years, no one has been executed but for murder." Which seems like a pointless argument, of course no one has been executed for anything else, it wasn’t until recently that this was even considered.
Kennedy's lawyer, Jeffrey L. Fisher, believes that if the death penalty is approved as a punishment for child rape that soon it will be pushed to be approved for other non murder cases and there will be no stopping it. This is an exaggeration as it has taken nearly 50 years for the death penalty to be considered for anything other than murder or treason and any steps taken will be small and slow. Additionally, child rape is a crime unlike many others. In comparison to adult rape for instance, child rape can never be claimed to have been consensual or a misunderstanding of boundaries or if someone did or did not say ‘no”. Child rape is always wrong and always premeditated. If any crime is to be considered for the death penalty, this is it.