BATON ROUGE, La. (KeynoteUSA) — 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 to implement such a measure. a punishment.
The GOP-controlled Legislature passed the bill giving judges the option of sentencing someone to surgical castration after the person has been convicted of certain aggravated sex crimes, including rape, incest and sexual abuse, against a child under 13 years of age.
A handful of states, including California, Florida and Texas, have laws that allow 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 is not aware of any state that allows judges to impose surgical castration.
For more than 16 years, Louisiana judges have been allowed to order that those convicted of such crimes receive chemical castration, although that punishment is rarely handed down. Chemical castration uses medications that block testosterone production to decrease 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 primarily from Democrats. However, a Democratic lawmaker, state Sen. Regina Barrow, authored the legislation.
Currently, there are 2,224 people incarcerated in Louisiana for sexual crimes against children under 13 years of age. If the bill becomes law, it can only apply to those convicted of a crime that occurred on or after August 1 of this year.
Barrow has said it would be an additional step in punishing horrific crimes. He hopes the legislation will serve as a deterrent.
“We’re talking about babies being raped by someone,” Barrow said during a committee meeting in April. “That is unforgivable.”
While castration is typically associated with men, Barrow said the law could apply to women. He also stressed that the imposition of punishment would be on an individual case basis and at the discretion of the judges. Punishment is not automatic.
If an offender “fails to appear or refuses to undergo” surgical castration after a judge orders the procedure, he or she could be charged with “failure to comply” and face an additional three to five years in prison, according to the text of the bill. law.
The legislation also stipulates that a medical expert must “determine whether the offender is an appropriate candidate” for the procedure before it is carried out.
Louisiana’s current chemical castration law has been in effect since 2008, but officials said between 2010 and 2019 they could only find one or two cases in which it was used.
The bill and plans for chemical castration have received pushback, with opponents saying it is “cruel and unusual punishment” and questioning the effectiveness of the procedure. Additionally, some Louisiana lawmakers have questioned whether the punishment was too harsh for someone who may have committed a single crime.
“For me, when I think of a child, once is too many,” Barrow responded.
Keynote USA
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