I don't think anti-rape or anti-pedophila sections are in the Constitution either.
Therefore...
In the United States, the principle of dual sovereignty applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul, or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction.
If a crime is not committed within any state, such as in the District of Columbia or on a naval or U.S.-flagged merchant vessel in international waters, then federal jurisdiction is exclusive. In cases where the rape involves both state and federal jurisdictions, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.
Because the United States comprises 51 jurisdictions, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. Federal law does not use the term "rape". Rape is grouped with all forms of non-consensual sexual acts under chapter 109a of the United States Code (18 U.S.C. §§ 2241–2248).
Under federal law, the punishment for rape can range from a fine to life imprisonment. The severity of the punishment is based on the use of violence, the age of the victim, and whether drugs or intoxicants were used to override consent. If the perpetrator is a repeat offender the law prescribes automatically doubling the maximum sentence.
Kennedy v. Louisiana, 554 U.S. ___ (2008) was a decision by the U.S. Supreme Court that held that the Eighth Amendment's cruel and unusual punishment clause did not permit a state to punish the crime of rape of a child with the death penalty if the victim does not die and death was not intended, therefore if a person is convicted of rape he or she is not eligible for the death penalty according to the U.S. Supreme Court's ruling in Kennedy v. Louisiana 554 U.S. ___ (2008).
http://en.wikipedia.org/wiki/Rape_in_the_United_States#Criminal_Punishment
