Louisiana lawmakers approve surgical castration option for those guilty of sex crimes against kids

Louisiana lawmakers gave final approval to a bill that allows judges the option to sentence offenders to surgical castration. Photo / AP

A person found guilty of a sex crime against a child in Louisiana could soon be ordered to undergo surgical castration, in addition to prison time.

Louisiana lawmakers on Monday gave final approval to the bill, which would allow judges the option to sentence someone to surgical castration after the person has been convicted of certain aggravated sex crimes — including rape, incest and molestation — against a child younger than 13.

A handful of states — including California, Florida and Texas — have laws in place allowing for the punishment of chemical castration. In some of those states, offenders can opt for the surgical procedure if they prefer. The National Conference of State Legislatures said it was unaware of any states that allowed judges to impose surgical castration outright.

For more than 16 years, judges in Louisiana have been allowed to order those convicted of such crimes to receive chemical castration — though that punishment is rarely issued. Chemical castration uses medications that block testosterone production in order to decrease sex drive. Surgical castration is a much more invasive procedure.

“This is a consequence,” Republican state senator Valarie Hodges said during a committee hearing on the bill in April. “It’s a step over and beyond just going to jail and getting out.”

The bill received overwhelming approval in both of the GOP-dominated chambers. Votes against the bill came from mainly Democrats, however, a Democratic lawmaker authored the measure. The legislation now heads to the desk of conservative Governor Jeff Landry, who will decide whether to sign it into law or veto it.

There are 2224 people imprisoned in Louisiana for sex crimes against children younger than 13. If the bill becomes law, it can be applied to only those who have been convicted of a crime that occurred on or after Aug 1 this year.

The sponsor of the bill, Democratic state senator Regina Barrow, has said it would be an extra step in punishment for horrific crimes. She hopes the legislation will serve as a deterrent to such offences against children.

Louisiana lawmakers gave final approval to a bill that allows judges the option to sentence offenders to surgical castration. Photo / AP

“We are talking about babies who are being violated by somebody,” Barrow said during an April committee meeting. “That is inexcusable.”

While castration is often associated with men, Barrow said the law could be applied to women, too. She also stressed imposing the punishment would be by individual cases and at the discretion of judges. The punishment is not automatic.

If an offender “fails to appear or refuses to undergo” surgical castration after a judge orders the procedure, they could be hit with a “failure to comply” charge and face a further three to five years in prison, based on the bill’s language.

The legislation also stipulates that a medical expert must “determine whether that offender is an appropriate candidate” for the procedure before it’s carried out.

Louisiana’s chemical castration law has been in place since 2008, but few offenders have had the punishment passed down to them — with officials saying from 2010 to 2019, they could think of only one or two cases.

The bill, and chemical castration bills, have received pushback, with opponents saying it is “cruel and unusual punishment” and questioned the effectiveness of the procedure. Some Louisiana lawmakers have questioned if the punishment was too harsh for someone who may have a single offence.

“For me, when I think about a child, one time is too many,” Barrow responded.