BATON ROUGE, La. (AP) – Louisiana has become the first state to allow judges to order offenders guilty of certain sex crimes against children to undergo surgical castration under a bill signed into law Tuesday by Republican Gov. Jeff Landry.
Although the punishment of surgical castration is practiced in other countries known for harsher criminal penalties – including the Czech Republic and Nigeria – it will be new in the US. The governor’s office confirmed to The Associated Press on Friday that Landry had signed the bill earlier in the week.
Supporters of the Louisiana law, which takes effect Aug. 1, hope the new possible penalty will deter people from committing sex crimes against children. Opponents claim it is a “cruel and unusual” punishment that violates the U.S. Constitution. They say there will definitely be legal problems with it.
The legislation gives Louisiana judges the ability to sentence someone to surgical castration after the person is convicted of certain serious sex crimes — including rape, incest and sexual assault — against a child under the age of 13. The punishment is not automatic and would depend on individual cases and at the discretion of the judge.
In Louisiana, 2,224 people are in prison for such crimes. The law can only be applied to those convicted of a crime on or after August 1 of this year.
A handful of states, including Louisiana, California, Florida and Texas, have laws allowing chemical castration for those guilty of certain sex crimes. In some of those states, offenders can opt for the surgical procedure if they wish. But according to the National Conference of State Legislatures, no other state allows judges to impose surgical castration outright.
In Louisiana, where judges have been allowed to order chemical castration of people convicted of certain sex crimes against children for 16 years, this punishment is rarely imposed. Chemical castration uses drugs that block testosterone production to reduce sex drive. Surgical castration is a much more invasive procedure that involves removing both the testicles and ovaries.
An offender who “fails to appear or refuses” to undergo surgical castration after a judge orders the procedure may be hit with a “failure to comply” charge and face an additional prison sentence of three to five years, depending on the wording of the bill.
The bill received overwhelming approval in both Republican Party-dominated chambers. State Sen. Regina Barrow, a Democrat, authored the legislation, but the votes against it came mainly from Democrats.
“We’re talking about babies being abused by someone,” Barrow said at an April committee meeting. “That is inexcusable.”
Supporters of the measure argue that the punishment only applies to heinous crimes against children. Critics argue that the state should focus on rehabilitating those guilty of such crimes in an effort to reduce recidivism rates.
Others wonder whether more states would want to pass a law similar to Louisiana’s and question the constitutionality of such measures. The US has decided that retributive punishment – “an eye for an eye” – is cruel and unusual, says Katrina Sifferd, professor of philosophy at Elmhurst University.
“We don’t rape rapists,” she said. “We do not cut off the hands of thieves.”
Louisiana is known for its tough-on-crime policies, including adding nitrogen gas and electrocution as possible ways to carry out death row executions. Landry, who took office as governor in January, has been active in the fight against crime.
