The death penalty for child rape. That is the case the Supreme Court is addressing today.
The state of Louisiana is determined to execute a man for brutally raping his then 8-year-old stepdaughter.
But the question is whether it is constitutional or considered cruel and unusual punishment.
No matter the outcome of this case is, a precedent will be set for our nation.
Local attorneys tell me Texas and five other states have statutes that include the death penalty but so far none have applied the penalty to child rapists.
If this case is upheld the Randall County District Attorney says he will jump at the chance to prosecute a child rapist.
James Farren says, "If the appropriate case arrives in Randall County that fits the new statute we certainly will leap at the opportunity to file a death penalty case against someone who has committed a serious enough enough offence..yes we will seek the death penalty.
But the 47th District Attorney says he is leery rapists will be more likely to kill their victims.