Such has been the historical case when the rape of a woman, or rape for the third time, or rape of a child, et cetera has brought about the death penalty upon conviction. As any criminal well knows, it is much, much harder to prove a crime without a victim's testimony. If the penalties for murder are the same as the crime one has perpetrated, then murdering your victim makes perfect rational sense to eliminate the witness of your crime.
How many strangled or stabbed rape victims have been left behind at some Congressman's behest? Plenty. Which is why those laws came noisily and eventually went quietly -- because no Congressman wants to be seen as soft on crime -- after the innocent bodies had piled up along with problematic trials.
So politicians do what they always do; pass legislation, grandly puff up their chests in front of a group of supplicant media and plan on letting the courts strike down their unconstitutional legislation.
Meanwhile the weak and defenseless, such as kids, pay for those votes. Remember that the next time you meet a legislator, or think your legislator, governor or mayor is pretty good.
As part of the Louisiana decision, the Court made it definite that no death sentence would be upheld for a crime against an individual, when the victim is not killed. And, it went further, suggesting that the present majority will be, at the very least, deeply reluctant to allow capital punishment for any new crime, or for a crime for which the death sentence has not been imposed for many decades (as was the case with child rapists).