Louisiana judges could order surgical castration for individuals convicted of sex crimes against young children under legislation approved on Monday. If the Republican governor, Jeff Landry, signs it into law, Louisiana would apparently be the first state with such a punishment. The Republican-controlled state legislature passed the bill allowing judges to sentence someone to surgical castration after being convicted of certain aggravated sex crimes – including rape, incest, and molestation – against a child under 13.
A handful of states including California, Florida and Texas have laws in place allowing for chemical castration. In some of those states, offenders can opt for the surgical procedure if they prefer. But the National Conference of State Legislatures said it was unaware of any states that allow judges to impose surgical castration.
For more than 16 years, judges in Louisiana have been allowed to order those convicted of such crimes to receive chemical castration, though that punishment is rarely issued. Chemical castration uses medications that block testosterone production to decrease sex drive. Surgical castration is a much more invasive procedure.
Currently, there are 2,224 individuals imprisoned in Louisiana for sex crimes against children under 13
“This is a consequence,” Republican state senator Valarie Hodges said during a committee hearing on the bill in April. “It’s a step over and beyond just going to jail and getting out.” The bill received overwhelming approval in both Republican-dominated chambers of the state legislature. Votes against the bill mainly came from Democrats. However, a Democratic lawmaker – state senator Regina Barrow – authored the legislation.
Currently, there are 2,224 individuals imprisoned in Louisiana for sex crimes against children under 13. If the bill becomes law, it would only apply to those convicted of crimes occurring on or after 1 August of this year.
Barrow has stated that it would be an additional step in punishing horrific crimes. She hopes the legislation will serve as a deterrent. “We are talking about babies who are being violated by somebody,” Barrow said during an April committee meeting. “That is inexcusable.” While castration is often associated with men, Barrow noted that the law could apply to women as well. She emphasized that imposing the punishment would be on a case-by-case basis and at the judges’ discretion. The punishment would not be automatic. If an offender “fails to appear or refuses to undergo” surgical castration after a judge orders the procedure, they could face a “failure to comply” charge and an additional three to five years in prison, according to the bill’s language.
The legislation also requires a medical expert to “determine whether that offender is an appropriate candidate” for the procedure before it is performed. Louisiana’s current chemical castration law has been in place since 2008, but officials noted that from 2010 to 2019, they found only one or two cases where it was used. The bill and chemical castration laws have faced opposition, with critics arguing they amount to “cruel and unusual punishment” and questioning the procedures’ effectiveness. Additionally, some Louisiana lawmakers have questioned whether the punishment is too harsh for someone who may have committed a single offense. “For me, when I think about a child, one time is too many,” Barrow responded.