BATON ROUGE, La. (AP) — Louisiana judges could order the surgical castration of people convicted of sex crimes against children under a bill approved Monday, making the state the first to institute such a punishment if Republican Gov. Jeff Landry signs the bill into law.
The Republican-controlled Legislature passed a bill giving judges the option to sentence people to surgical castration if they are convicted of certain aggravated sex crimes, including rape, incest and sexual abuse of a child under the age of 13.
Several states, including California, Florida and Texas, have laws allowing chemical castration, and some of those states allow offenders to opt-in to the surgery if they wish, but the National Conference of State Legislatures says it is not aware of any states that allow judges to order surgical castration.
For more than 16 years, Louisiana judges have been allowed to order chemical castration for those convicted of such crimes, but such punishment is rarely imposed. Chemical castration involves the use of drugs that block testosterone production and reduce libido. Surgical castration is a much more invasive procedure.
“These are consequences,” Republican state Sen. Valerie Hodges said during a committee hearing on the bill in April. “This goes beyond just going to jail and getting out.”
The bill had overwhelming support in both Republican-controlled chambers of Congress, with mostly Democrats voting against it, but it was written by a Democrat, state Sen. Regina Barrow.
Currently, there are 2,224 people incarcerated in Louisiana for sex crimes against children under the age of 13. If the bill becomes law, it would only apply to those convicted of crimes that occurred after Aug. 1 of this year.
Barrow said this would be yet another round of tougher penalties for a horrific crime and he hopes the legislation will act as a deterrent.
“We’re talking about a baby being assaulted by someone,” Barrow said at the April committee meeting. “That’s not acceptable.”
Although castration is often associated with men, Barrow said the law could apply to women as well, and stressed that penalties are at the discretion of judges on a case-by-case basis – they are not automatic.
According to the bill’s language, if an offender “fails to appear in court or refuses to undergo the procedure” after a judge orders a castration, they could be charged with “insubordination,” which carries an additional three to five years in prison.
The law also states that before surgery takes place, a medical professional must “determine whether the offender is an appropriate candidate for the procedure.”
Louisiana’s current chemical castration law has been in effect since 2008. Between 2010 and 2019, the authorities I could only find one or two examples of it being used.
This bill and the chemical castration bill have received backlash, with opponents calling it “cruel and unusual punishment” and questioning the effectiveness of the procedure, and some Louisiana lawmakers questioning whether the punishment is too harsh for someone who has only committed a one-time crime.
“For me, when it comes to my children, once is too many,” Barrow responded.
