Rape and the Death Penalty

The one thing that the New York Times leaves out of this otherwise excellent editorial on why it's wrong to call for the death penalty for rape of those under 12 years is the danger to victims. Simply put, one cannot be executed twice. Accordingly, if one rapes a child under twelve and runs the risk of the death penalty and one wants to eliminate a witness to the crime  - and possibly escape prosecution altogether - then the perpetrator need only kill the victim, and in so doing face no additional penalty.