Louisiana has become the first U.S. state where judges can order offenders guilty of certain sex crimes against children to undergo surgical castration, under a bill approved Tuesday by Republican Gov. Jeff Landry.
While surgical castration is used in other countries known for harsher criminal penalties, including the Czech Republic and Nigeria, it will be new in the United States. The governor’s office confirmed to The Associated Press on Friday that Landry signed the bill earlier in the week.
Supporters of the Louisiana law, which takes effect on 1er August, hope the possible new penalty will deter people from committing sex crimes against children. Opponents argue that it is “cruel and unusual” punishment, in violation of the U.S. Constitution. They say it will certainly face legal challenges.
The law gives Louisiana judges the option to sentence a person to surgical castration after that person is convicted of certain aggravated sex crimes — including rape, incest and sexual assault — against a child under 13 years. The sanction is not automatic and would be determined on a case-by-case basis and at the discretion of the judge.
Louisiana has 2,224 people imprisoned for such crimes. The law can only apply to those who have been convicted of a crime on or after 1er August this year.
A handful of states, including Louisiana, California, Florida and Texas, have laws allowing chemical castration of people guilty of certain sex crimes. In some of these states, offenders can opt for surgery if they choose. But no other state allows judges to impose surgical castration outright, according to the National Conference of State Legislatures.
In Louisiana, which has authorized judges for 16 years to order chemical castration of people convicted of certain sex crimes against children, this sanction is rarely imposed. Chemical castration uses medications that block testosterone production to decrease libido. Surgical castration is a much more invasive procedure that involves the removal of the testicles or ovaries.
An offender who “fails to appear or refuses to undergo” 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, according to wording of the proposed bill. law.
The bill received overwhelming approval in both Republican-dominated chambers. State Sen. Regina Barrow, a Democrat, authored the bill, but votes against it came primarily from Democrats.
“We are talking about babies who are raped by someone,” insisted Mme Barrow at a committee meeting in April. “This is inexcusable. »
Supporters of the measure argue that the punishment is reserved for horrific crimes committed against children. Critics argue that the state should focus on rehabilitating those guilty of such crimes in order to reduce recidivism rates.
Others wonder whether more states might consider adopting a law similar to Louisiana’s and question the constitutionality of such measures. The United States decided that punitive sanctions — “an eye for an eye” — were cruel and abnormal, said Katrina Sifferd, a philosophy professor at Elmhurst University.
“We don’t rape rapists,” she pointed out. We do not cut off the hands of thieves. »
Louisiana is known for some of its tough-on-crime policies, including the use of nitrogen gas and electrocution as possible means of carrying out death row executions. Mr. Landry, who took office as governor in January, campaigned on a tough-on-crime platform.