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Florida man accused of raping child faces death penalty, state attorney says

A new state law that took effect in October allows convicted child rapists to be sentenced to death.

LAKE COUNTY, Fla. — A criminal case in Florida could result in the first death penalty sentence for child rape after state law changed earlier this year. 

Citing the "severity of the crime and its impact on the community," Fifth Judicial Circuit State Attorney William "Bill" Gladson announced his office would seek the death penalty for 36-year-old Joseph Giampa. This happened after the Lake County man was indicted on six counts of sexual battery of a child under 12 years old.

The state attorney can seek the death penalty in this case because of a new law that took effect on Oct. 1, 2023. The law permits the death penalty for people who commit sexual battery on children under age 12. However, this measure may draw legal challenges due to U.S. Supreme Court and Florida Supreme Court precedents that have barred death sentences for rapists, according to The News Service of Florida.

"The decision to pursue the highest penalty reflects the gravity of the charges and the State Attorney’s Office’s dedication to holding criminals accountable for their actions," the release said. "The State Attorney's Office acknowledges the sensitivity of this matter and the impact it has on the community. Our commitment to ensuring justice and protecting the vulnerable remains unwavering."

According to an arrest affidavit, Giampa was arrested on Nov. 2 for his alleged crimes. The affidavit says deputies with the Lake County Sheriff's Office were called to a home to respond to possible sexual battery. During their investigation, deputies said they found an incriminating video on a laptop found in a camper located at the residence. 

The video reportedly showed a child under 12 years old being filmed by Giampa, deputies said. After instructing the child, Giampa continues the alleged sexual battery and reportedly rapes the child, the affidavit explained. 

Court records show Giampa has entered a not-guilty plea for the six counts of sexual battery of a child under 12 years of age and three counts of promoting a sexual performance by a child. 

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