Does a sentence of life without the possibility of parole for two sex crimes involving a single victim constitute cruel and unusual punishment?

California, United States of America


The following excerpt is from People v. Duque, E063524 (Cal. App. 2016):

"[A]ppellate courts have held that lengthy sentences for multiple sex crimes do not constitute cruel or unusual punishment." (People v. Bestelmeyer (1985) 166 Cal.App.3d 520, 531.) Recently, People v. Reyes (2016) 246 Cal.App.4th 62 held that a sentence of life without the possibility of parole for two sexual offenses, involving a single victim in a single incident, was not cruel and unusual punishment under either the federal or state constitution. (Id. at pp. 82-90.) It relied on three key facts: (1) The victim was 14 years old; (2) the defendant's entry into the victim's apartment constituted residential burglary; and (3) the sexual offenses involved force (which consisted of holding the victim's arms, id. at pp. 69-70), although the court conceded that the defendant "did not use violence or physically injure" the victim. (Id. at pp. 85-86, 88-89.)

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