The Court has ruled that having the death penalty as a punishment for rape violates the Constitution's prohibition against "cruel and unusual punishment."
What's wrong with that? This:
"...the majority doesn’t think that capital punishment is ever a fair penalty for the rape of a child—"no matter," as Justice Alito puts it in his dissent, "how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be."