An accused pedophile could be the first person put to death for sexually abusing a child under new legislation signed into law by Gov. Ron DeSantis in May.
On Thursday, prosecutors announced that they will seek the death penalty for Joseph Andrew Giampa, 36, who was allegedly filmed molesting a young boy.
The Fifth Judicial Circuit State Attorney’s Office said in a press release that Giampa has been indicted for six counts of Sexual Battery Upon a Person Under Twelve Years of Age and three counts of Promoting a Sexual Performance by a Child.
"Given the severity of the crime and its impact on the community, the Fifth Judicial Circuit State Attorney’s Office has filed a notice that it intends to seek the death penalty pursuant to Florida Statutes 794.011(2)(a) and 921.1425," the press release said.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 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.
The New York Post reports that "Giampa was arrested in November after Lake County deputies identified him as the adult roughly raping a young boy in a homemade video that was allegedly found on Giampa’s laptop, according to court records."
"In the video, the man admitted that he knows the child did not enjoy the abuse, but that he 'likes it more when [the victim] does not like it,'" the report added.
Giampa was also arrested in 2021 for assault and battery.
Under Florida's new law, which went into effect on October 1, prosecutors can seek capital punishment when an adult is convicted of sexual battery of a child under 12.
“We’re really delivering a big agenda,” DeSantis said while signing the bill into law. “So this is one important — but admittedly very small part — of an overall large agenda and very bold agenda that’s really setting the terms of the debate for the country, quite frankly.”
A 2008 Supreme Court ruling deemed it "unconstitutional" for states to use the death penalty in cases where the victim was not killed. It is likely that Florida's law will end up being challenge in the high court.
DeSantis has argued that the death penalty is the “only appropriate” sentence for pedophiles who rape children.
“My view is, you have some of these people that will be serial rapists of six, seven-year-old kids,” DeSantis said during an appearance on “Good Morning Orlando”. “I think the death penalty is the only appropriate punishment when you have situations like that.”
DeSantis has also applauded the decision to seek capital punishment in Giampa's case, saying, "The State’s Attorney has my full support."
Giampa has pleaded "not guilty."
