Louisiana has become the first US state where judges can order those convicted of certain sex crimes against children to undergo surgical castration. The state’s Republican governor signed the law Tuesday.
Supporters hope the new law will discourage people from committing this type of crime. Opponents argue that this is cruel and unusual punishment that violates the U.S. Constitution and is sure to be subject to legal challenges.
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by our correspondent Alberto Simoni
The law gives Louisiana judges the ability to sentence someone to surgical castration after the person is convicted of certain aggravated sex crimes — including rape, incest and molestation — against children under the age of 13. Punishment is not automatic and will occur based on individual cases and at the discretion of the judge. In Louisiana there are 2,224 people in prison for crimes of this type. The law can only be applied to those who have committed a crime on or after August 1 this year.
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cristina benenato
A handful of states, including Louisiana, California, Florida and Texas, have laws allowing chemical castration for offenders of certain sex 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 for people convicted of certain sex crimes against children, this punishment is rarely handed down.
Chemical castration uses drugs that block testosterone production to decrease sexual desire. Surgical castration is a much more invasive procedure that involves the removal of both testicles or ovaries. An offender who “fails to submit to 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, the bill states.
The motion received overwhelming approval in both Republican-dominated chambers. Senator Regina Barrow, Democrat, is the author of the law, but the votes against came mainly from Democrats. “We’re talking about children who are being violated by someone,” Barrow said during an April commission meeting. “It’s unforgivable.” Supporters of the measure argue that the punishment is fair for horrific crimes against children. Critics argue that the state should focus on rehabilitating offenders in an effort to reduce recidivism rates. Others wonder whether other states might consider adopting a law similar to Louisiana’s and question the constitutionality of such measures. The United States has decided that punitive 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 thieves’ hands.”
Louisiana has become notorious for some of its crime crackdown policies, including the addition of nitrogen gas and electrocution as possible ways to carry out death row executions. Landry, who took office as governor in January, ran with the intent of cracking down on crime.
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