Death Penalty For Rape? New law making its way through Congress

With all the talk on dKos lately about abortion and rape victims right to an abortion.  I would be generally interested to know what you guys think about the death penalty being put in the arsenal of prosecutors when dealing with a rape case.

I'm of the opinion that the death penalty is an abuse of power  and is cruel and unusual punishment.  But, since I have a split personality, I also believe that serial killers or serial rapists and molestors, should face the death penalty as the crimes they commit are life altering (ending in the case of murder).  I cannot possibly imagine what it would be like to live with the scars of having been raped or molested.  I do know that I would want the attacker punished to the full extent of the law, be it life in prison or the death penalty.

So two questions? 1.  Do you support the death penalty and why.  2.  Do you think that murder should be the only capital offense?

Also, this law troubles me because it, like so many from the GOP, is overreaching in its power.

A person who has never molested a child, but has been convicted of lewd remarks more than twice, could face the death penalty.  We've seen cases where a 17 year old male goes to jail because he was having sex with his 14 or 15 year old girlfriend via statutory rape charges.  If a kid like this is convicted of rape they could face the death penalty.  Also, it doesn't establish boundaries in sentencing.  I think that laws like this should have clear exceptions such as: a rape conviction on purely circumstantial evidence, basically a "he said, she said" case.  If there is no damning evidence such as DNA etc then I don't believe the death penalty should be an option.  Also, I think the circumstances of the rape should be taken into account, ie: was it aggravated? (was the victim tortured or threatened with a weapon)  I am no lawyer so I don't know the various charges for rape.  But I see a big difference between forced sex (tied up, or taking advantage of passed out person) and violent rape (physical beating, holding a gun to the head, torture or mutilation).  In the former I would think the death penalty is severe, in the latter the attacker has proven that he has no regard for life so the death penalty would be an acceptable option.

I want to make it clear that I generally do not support the death penalty and am in no way advocating its use under any circumstances but I will admit that some crimes deserve this ultimate judgement.