Death penalty sought in Lake County child rape case, a first for Florida

LAKE COUNTY, Fla. – The state attorney representing Lake County is seeking the death penalty against a man indicted on child sexual battery charges, a first under Florida’s new law that allows that sentence for child rape cases.

State Attorney William Gladson is seeking the death penalty in the case of Joseph Giampa, 36. He was indicted Thursday on several counts of sexual battery upon a person under 12 years of age, and promoting sexual performance by a child.

According to a Lake County Sheriff’s Office arrest affidavit from last month, when Giampa was arrested, video was found allegedly showing him forcing a child to perform a sex act on him, and then Giampa forcing himself on the child. Neither the arrest affidavit nor the indictment explain how the case was brought to the sheriff’s office’s attention.

Earlier this year, Gov. Ron DeSantis signed a law that would allow a death sentence for child rape convicts in certain circumstances. Giampa’s case is the first in the state. Gladson’s office says certain aggravating factors warrant the death penalty in Giampa’s case.

They say Giampa was previously convicted of another felony involving the use or threat of violence against a person, the victim in this case was particularly vulnerable due to age, the nature of the case was especially heinous, atrocious or cruel, and the crime was allegedly committed for monetary gain.

When he signed the bill into law back in May, DeSantis said the law sets up a potential challenge to a 2008 U.S. Supreme Court decision that said using capital punishment in child sexual battery cases was unconstitutional. DeSantis wants the court to rethink that decision.

“This bill sets up a procedure to be able to challenge that precedent and to be able to say that in Florida we think that the worst of the worst crimes deserve the worst of the worst punishment,” DeSantis said.

DeSantis talked about the indictment Thursday on X, formerly known as Twitter.

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