BATON ROUGE, Louisiana – Louisiana has become the first state where judges can order offenders guilty of certain sex crimes against children to undergo surgical castration. under one account sanctioned by law by Republican Governor Jeff Landry on Tuesday.
While the punishment of surgical castration is used in other countries known for harsher criminal sanctions – 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 punishment will deter people from committing sex crimes against children. Opponents argue that this is a “cruel and unusual” punishment that violates the US Constitution. They say he will certainly face legal challenges.
The legislation gives Louisiana judges the option to sentence someone to surgical castration after the person has been convicted of certain aggravated sexual crimes — including rape, incest and molestation — against a child under age 13. at the discretion of the judge.
Louisiana has 2,224 people in prison for such crimes. The law can only be applied to those who have been convicted of a crime on or after August 1 this year.
A a handful of states, including Louisiana, California, Florida, and Texas, have laws that allow chemical castration of those guilty of certain sexual crimes. In some of these states, offenders can opt for the surgical procedure if they prefer. But no other state allows judges to impose surgical castration outright, according to the National Conference of State Legislatures.
In Louisiana, which for 16 years has allowed judges to order chemical castration of people convicted of certain sex crimes against children, this punishment is rarely meted out. Chemical castration uses medications that block testosterone production to reduce sexual desire. Surgical castration is a much more invasive procedure that involves removing the testicles or ovaries.
An offender who “fails to appear or refuses to submit” to surgical castration after a judge orders the procedure could be charged with “failure to comply” and face an additional three to five years in prison, based on the text of the bill.
The bill received overwhelming approval in both GOP-dominated chambers. State Senator Regina Barrow, a Democrat, authored the legislation, but votes against it came primarily from Democrats.
“We’re talking about babies who are being violated by someone,” Barrow said during a committee meeting in April. “This is inexcusable.”
Supporters of the measure argue that the punishment is only for horrific 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 question whether more states might consider adopting a law similar to Louisiana’s and question the constitutionality of such measures. The U.S. has decided that retributive punishment — “an eye for an eye” — is cruel and unusual, said Katrina Sifferd, a philosophy professor at Elmhurst University.
“We don’t rape rapists,” she said. “We don’t cut off the hands of thieves.”
Louisiana has become known for some of its tough-on-crime policies, including the addition of nitrogen gas and electrocution whenever possible. ways to carry out executions on death row. Landry, who took office as governor in January, ran in a crime-resistant platform.
This story originally appeared on ABCNews.go.com read the full story
