A new law authorized by the Louisiana legislature allows judges to mandate surgical castration for those found guilty of s*x offenses against minors.
If Republican governor; Jeff Landry enacts the measure, the state would ostensibly be the first to implement such a penalty. The bill, which was approved by the Republican-controlled legislature, gives courts the authority to order surgical castration for anyone found guilty of several serious s*x offenses against minors, including rape, incest, and molestation.
A few states have laws that permit chemical castration, including Florida, Texas, and California. Offenders who so choose may choose to have the surgery in some of those states.
However, according to the National Conference of State Legislatures, there are no states where judges have the authority to order surgical castration. Though it is rarely done, judges in Louisiana have had the authority to sentence anyone found guilty of such offenses to chemical castration for more than 16 years.
Medication that inhibits testosterone synthesis is used in chemical castration to reduce libido. Castration with surgery is a far more invasive process. During a committee hearing on the bill in April, Republican state senator Valarie Hodges stated, “This is a consequence. It goes beyond simply being locked up and released.”
The Republican-controlled chambers both overwhelmingly approved the bill. The majority of those voting against the bill were Democrats. But a state politician- Democratic state senator Regina Barrow – authored the legislation.
In Louisiana, there are now 2,224 persons serving prison sentences for s*xual offenses against minors under the age of 13. The bill can only be used for people who have been found guilty of crimes that happened on or after August 1st, 2018, should it pass into law.
According to Ms. Barrow, it would be an additional penalty for heinous offenses. She is hoping that the law will act as a disincentive. “We are discussing infants who are being assaulted by someone,” Ms. Barrow stated in a committee meeting in April.
“That is not acceptable.” Although castration is typically associated with men, Ms. Barrow stated that women could also be subject to the legislation. She also emphasized that courts will decide whether to impose the punishment based on each case individually.
Currently, there are 2,224 people imprisoned in Louisiana for s*x crimes against children younger than 13. If the bill becomes law, it can only be applied to those who have been convicted of a crime that occurred on or after August 1 of this year. Ms Barrow has said it would be an extra step in punishment for horrific crimes. She hopes the legislation will serve as a deterrent.
“We are talking about babies who are being violated by somebody,” Ms Barrow said during an April committee meeting. “That is inexcusable.”
While castration is often associated with men, Ms Barrow said the law could be applied to women. She also stressed that imposing the punishment would be by individual cases and at the discretion of judges.
The penalty is not meted out automatically. According to the wording of the bill, an offender faces an extra three to five years in jail if they “fail to appear or refuse to undergo” surgical castration after a judge mandates the surgery.
Additionally, before the treatment is performed, the law mandates that a medical professional “determine whether that offender is an appropriate candidate” for it. The chemical castration statute that is currently in effect in Louisiana was passed in 2008, but according to officials, it was only applied in one or two instances between 2010 and 2019.
Opponents of the law have argued that chemical castration is a “cruel and unusual punishment” and have questioned the procedure’s efficacy.
The bill has faced opposition. Furthermore, a few lawmakers from Louisiana have questioned if the penalty was excessively severe for a person who may have committed only one offense. “One time is too many for me when I think about a child,” Ms. Barrow said in response
“Here’s to the crazy ones. The misfits. The rebels. The troublemakers. The round pegs in the square holes. The ones who see things differently. They’re not fond of rules. And they have no respect for the status quo. You can quote them, disagree with them, glorify or vilify them. About the only thing you can’t do is ignore them. Because they change things. They push the human race forward. And while some may see them as the crazy ones, we see genius. Because the people who are crazy enough to think they can change the world, are the ones who do.”