Surgical castration OK’d by Louisiana lawmakers as possible punishment for child sex offenders

Baton Rouge, Louisiana. — Louisiana judges could order surgical castration for people convicted of sex crimes against young children, under legislation passed Monday, and if Republican Gov. Jeff Landry signs it into law, the state would apparently be the first with such a punishment .

The GOP-controlled Legislature passed the bill that gives judges the option of sentencing someone to surgical castration after the person has been convicted of certain aggravated sexual crimes — including rape, incest and molestation — against a child under 13. years.

Some states – including Alabama, California, Florida and Texas – have laws in place that allow chemical castration. In some of these states, offenders can opt for the surgical procedure if they prefer. But the National Conference of State Legislatures said it is not aware of any state that allows judges to impose surgical castration.

For more than 16 years, Louisiana judges have been authorized to order those convicted of such crimes to receive chemical castration, although this punishment is rarely meted out. Chemical castration uses medications that block testosterone production to reduce sexual desire. Surgical castration is a much more invasive procedure.

“This is a consequence,” Republican state Sen. Valarie Hodges said during a committee hearing on the bill in April. “It’s a step beyond just going to jail and getting out.”

The bill received overwhelming approval in both GOP-dominated chambers. Votes against the bill came mainly from Democrats. However, a Democratic lawmaker – state Senator Regina Barrow – wrote the legislation.

There are currently 2,224 people incarcerated in Louisiana for sex crimes against children under the age of 13. If the bill becomes law, it could only apply to those who have been convicted of a crime that occurred on or after August 1 of this year.

Bill’s author speaks openly

Barrow said it would be an extra step in punishment for horrific crimes. She hopes the legislation will serve as a deterrent.

“We’re talking about babies who are being violated by someone,” Barrow said during a committee meeting in April. “This is inexcusable.”

While castration is often associated with men, Barrow said the law could be applied to women. She also highlighted that the imposition of punishment would be done in individual cases and at the discretion of the judges. Punishment is not automatic.

If an offender “fails or refuses to submit” to surgical castration after a judge orders the procedure, they could be charged with “failure to comply” and face an additional three to five years in prison, based on the text of the bill.

The legislation also stipulates that a medical expert must “determine whether the offender is a suitable candidate” for the procedure before it is carried out.

Louisiana’s current chemical castration law has been in effect since 2008, but officials said that from 2010 to 2019, they were only able to find one or two cases where it was used.

The chemical castration bill and bills were rejected, with opponents saying it is a “cruel and unusual punishment” and questioning the effectiveness of the procedure. Additionally, some Louisiana lawmakers questioned whether the punishment was too harsh for someone who might have committed a single offense.

“For me, when I think of a child, once is one too many,” Barrow responded.

“Where do we draw the line?”

Late last month, Bruce Reilly of Voice of the Experienced told CBS New Orleans affiliate WWL-TV There is already a lot of brutality in Louisiana. He said: “There shouldn’t be any mutilation of people’s bodies and that’s what happens – it mutilates people’s bodies.”

He continued: “Now let’s add the cutting off of someone’s testicles. … Where do we draw the line in our punishments?”

He pointed out that Louisiana has one of the highest wrongful conviction rates in the country and he fears what could happen to someone who is actually not guilty. “I believe there were 10 other people who would have been eligible for this punishment and who were exonerated,” he said.