Those convicted of raping a child 13 or younger in Louisiana could be sentenced to surgical castration. Previously, Louisiana, along with 11 other states (including California, Wisconsin, and Florida), permitted chemical castration, which mandated prescription medications for offenders to lower testosterone and, subsequently, libido. Louisiana Democratic state Rep. Delisha Boyd, who introduced the new bill, hopes that “the threat of losing one’s body part” would be a strong deterrent. She also expressed, “At the end of the day, I hope that kids know that they can feel safer because there will be some real tough penalty actions that will occur when somebody violates their innocence.” Boyd was inspired to introduce this legislation after hearing about a 51-year-old man who was arrested for the rape of a 12-year-old and had previously raped a 5-year-old.
Criminal defense lawyers, advocates, and medical experts strongly criticized the new law. Citing ethical concerns and the overall constitutionality of the law, these critics have questioned whether the punishment would actually make a difference in reducing these sex crimes. Maaike Helmus, an associate professor of Criminology at Simon Fraser University in Vancouver, states the reasons people commit sexual crimes are much more complicated than sexual desire. Helmus explains, If you’re pursuing castration to reduce sexual offense rates, you’re making an assumption that they’re committing a sex offense because of a high sex drive or high testosterone rates in the first place.”
Sen. Boyd, however, believes that the criticism she has received is from people who have not closely read the law and are under the impression that prisoners will be forced to undergo the procedure. The Louisiana law states judges, with the input of a medical expert, can determine if an offender would be a good candidate for castration, which would be performed a week after their release from prison. If the offender fails to show up for their surgery, they could receive an additional sentence. But even if the offender is selected as a candidate for castration, they are allowed to refuse. In this case, they will serve an additional three to five years in prison without any potential for early release.
Starting August 1, 2024, Louisiana will join the Czech Republic, Madagascar, and a state in Nigeria as one of the four places in the world that legally allow surgical castration.
SOURCES:
https://www.newsweek.com/louisiana-chemical-castration-surgical-law-child-sex-offenders-1908158
https://www.npr.org/2024/07/01/nx-s1-5020686/louisiana-new-surgical-castration-law