Florida to Seek Death Penalty in Capital Sexual Battery Case Under New Law

Florida to Seek Death Penalty in Capital Sexual Battery Case Under New Law

Florida State Attorney R.J. Larizza has filed a notice of intent to seek the death penalty against Dimeco Henderson, who is accused of sexually abusing two child victims over a period of three years. This marks the first time the State Attorney’s Office has pursued the death penalty in a Capital Sexual Battery case since Governor Ron DeSantis signed new legislation allowing a jury to recommend such a sentence for the crime.

Henderson was indicted by a Putnam County Grand Jury last month on two counts of Sexual Battery on a victim less than 12 years of age and Lewd/Lascivious Battery on a victim less than 16 years of age.

“The defendant is a serial pedophile who previously raped and/or assaulted two child victims,” State Attorney R.J. Larizza stated about the case. “The sentences for those earlier crimes were woefully inadequate – and he has struck again – raping a 10-year-old autistic child and her best friend. As long as the defendant breathes, he will rape vulnerable and innocent children. It is time for him to go.”

According to public records, Henderson was convicted in 2010 in Duval County for lewd and lascivious battery with a victim aged 12-15. He has also faced charges related to failing to register as a sex offender.

The new law, signed by Governor DeSantis, which went into effect on October 1, 2023, allows the state of Florida to seek a death sentence when an adult is convicted of sexual battery of a child under the age of 12. This legislation was enacted despite a 2008 U.S. Supreme Court ruling that found it unconstitutional to use capital punishment in child sexual battery cases that do not result in death. Florida lawmakers and Governor DeSantis have expressed a desire to challenge this precedent with the new law.

The case was investigated by the Putnam County Sheriff’s Office. Assistant State Attorneys Mark Lewis and Deb Rothenberg are assigned as prosecutors.

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