SAM, I wouldn't even group most pedophiles in with those who would forcibly rape pre-pubescent children. I have to give Governor Blunt a little credit because he actually distinguishes between forcible rape and statutory rape. Most pedophiles seduce, and even more don't actually penetrate. I wish that I knew how many were put in the big house for simply fondling.
The death penalty for forcible rape of a child makes more sense if they are actually distinguishing between forcible rape and seduction. That's not saying much, but at least it shows a little bit of thinking.
At one time the discussion was more about the physical ability of the child involved to tolerate what was done to him or her. But shortly after it became firmly established as a crime to penetrate a child who would be physically damaged by penetration, it seems like a whole crop of false accusations came up. A little redness like diaper rash meant digital penetration. Some people have spent years in jail on charges of full penetration on small girls who showed no physical signs of abuse whatsoever. It seems like all that was accomplished was to establish a thing to lie about to hurt people.
My suggestion includes the idea of allowing would-be pedophiles to self treat as long as they keep their mitts off of children. There may be some who are reasonable enough to decide that animals instead of children, with no stigma, is the way to go. Get them before they become habituated to children as a sexual outlet, and if we can get them to identify themselves, their own tendencies, then we don't have to pry into private lives and guess at it and force stigma on the undeserving.
To me there is a pyramid. At the top are the ones who actually forcibly rape and maybe murder too. They are the fewest. Then there are a few more who seduce and while they have penetration, it is consensual, if not legally consensual. Even more fondle. Then there are those who might be identified as having tendencies. They are at the ground floor of the pyramid, where the base is buried in the sand. The vast majority of those who have tendencies will never act out and will wash their hands if they accidentally feel pleasure at the touch of a child or young teen.
Some people would have us killing or jailing those who simply have tendencies. They would have us forcing them to live their lives predicated on a tendency that they may not know that they have and that is just the same as a normal man's tendency to seek heterosexual intercourse with someone his own age. People as young as 12 have been taken to jail for having sex with people age 12 to 14, even for having sex with people who are older than they are. This kind of insanity is just sick. One of the excuses for doing this is that the children don't know what they are doing. That is the fault of those who would keep them in ignorance. There is no good reason that people can't be taught, in a sane and reasonable fashion, the facts of life by the time they are eight.