Louisiana legislators announced this Monday, June 3, that they gave final approval to bill SB371, which will allow judges the option of sentencing an offender to surgical castration after he has been convicted of certain crimes. aggravated sexual acts, including: rape, incest and sexual abuse against a child under 13 years of age, in addition to a prison sentence.
States such as California, Florida and Texas have laws that allow castration to be punished. In some of those states, offenders can opt for the surgical procedure if they prefer.
The National Conference of State Legislatures said it is not aware of any state that allows judges to directly impose surgical castration, The Associated Press reported.
Castration blocks testosterone production
For more than 16 years, Louisiana judges have been allowed to order that those convicted of such crimes receive 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 is a step beyond simply going to jail and getting out,” shared the same information agency.
SB371 received overwhelming approval in both chambers, which are dominated by the Republican Party. Votes against the bill came primarily from Democrats.
Although it is important to mention that a Democratic legislator was the author of this measure. The legislation now goes to Louisiana Gov. Jeff Landry’s desk, who will decide whether to sign it into law or veto it.
It will be applied to those convicted as of August 1
Currently, there are 2,224 people who are in Louisiana jails accused of sexual crimes against children under the age of 13. If the bill becomes law, it can only apply to those who are convicted of this crime on or after August 1, 2024.
The bill’s sponsor, Democratic state Sen. Regina Barrow, has said it would be an additional step in punishing horrendous crimes. She hopes the legislation will serve as a deterrent to these types of crimes against children.
“We’re talking about babies being raped by someone,” Barrow said during a committee meeting in April. “That is unforgivable,” she asserted.
Women could also be subjected
While castration is typically associated with men, Barrow said the law could also 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.
Notably, 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 court. text of the bill.
“We have to stand up and fight for children,” Democratic Rep. Delisha Boyd told the Louisiana Illuminator newspaper as she brought the bill to the House floor.
The legislation also stipulates in its pages 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, yet very few offenders have had the punishment meted out; Officials said that from 2010 to 2019, they could only think of one or two cases.
“Cruel punishment” for opponents
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.
The Louisiana Department of Corrections and Public Safety said the cost of castration per potential inmate would be between $550 and $680 per offender.
With information from AP
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