Louisiana has become the first state to allow judges to mandate surgical castration for criminals convicted of certain sex offenses against children, thanks to a bill signed into law on Tuesday by Republican Gov. Jeff Landry.
While surgical castration is employed in other nations with harsher criminal penalties, such as the Czech Republic and Nigeria, it is new in the United States. The governor’s office verified to The Associated Press on Friday that Landry signed the law earlier this week.
Proponents of the Louisiana law, which takes effect on August 1, hope that the new possible punishment will dissuade offenders from committing sex crimes against children. Opponents claim that it is “cruel and unusual” punishment in violation of the United States Constitution. They anticipate legal issues.
The act allows Louisiana judges to sentence someone to surgical castration if they are guilty of certain aggravated sex crimes against a child under the age of 13. These crimes include rape, incest, and molestation. The sentence is not automatic; it is determined by each individual case and at the discretion of the court.
Louisiana has 2,224 persons incarcerated for such acts. The law applies exclusively to people who were convicted of a crime on or after August 1, this year.
A few jurisdictions, including Louisiana, California, Florida, and Texas, have legislation permitting chemical castration for persons convicted of specific sex crimes. Offenders in several states have the option of undergoing a surgical procedure. However, the National Conference of State Legislatures reports that no other state authorizes judges to order surgical castration outright.
In Louisiana, where judges have had the authority to impose chemical castration for those convicted of certain sex crimes against children for the past 16 years, such punishment is rarely used. Chemical castration reduces sex drive by blocking testosterone production. Surgical castration is a significantly more invasive treatment that requires the removal of both testicles and ovaries.
According to the bill’s terms, an offender who “fails to appear or refuses to undergo” surgical castration after a judge mandates the treatment may face a “failure to comply” charge and an additional three to five years in jail.
The law was overwhelmingly approved in both of the Republican-controlled chambers. The law was introduced by state Sen. Regina Barrow, a Democrat, but it received primarily Democratic opposition.
“We are talking about babies who are being violated by somebody,” Barrow stated at an April committee meeting. “That is inexcusable.”
Proponents of the legislation claim that the sentence is appropriate for horrible crimes against children. Critics believe that the state should prioritize rehabilitation for those convicted of such crimes in order to reduce recidivism rates.
Others wonder if other states will consider passing a legislation similar to Louisiana’s, and they question the legitimacy of such laws. The United States has ruled that retributive punishment — “an eye for an eye” — is cruel and unusual, according to Katrina Sifferd, a philosophy professor at Elmhurst University.
“We don’t rape rapists,” she explained. “We don’t cut off the hands of thieves.”
Landry signed several controversial measures this week, including one that allows law enforcement to jail those who enter the United States illegally, akin to a Texas statute, and others that are facing court challenges.
Republican states and Democratic President Joe Biden have clashed on border security between the United States and Mexico. If the Texas legislation is upheld by the Supreme Court, Louisiana’s statute will allow local officials to enforce immigration law in addition to federal authorities. It also creates the felony of “illegal entry or reentry” into the state, with penalties including prison time and thousands of dollars in fines.
