Both chambers of the Louisiana legislature approved a bill Monday that would allow those convicted of sex crimes against children to undergo surgical castration.
The new law would allow judges to sentence offenders of certain sex crimes to surgical castration as well as prison time. Applicable offenses include rape, incest, and molestation of those 13 and under.
“This is a consequence,” state Sen. Valarie Hodges, a Republican, said. “It’s a step over and beyond just going to jail and getting out.”
Since 2008, Louisiana has allowed judges to order those convicted of sex crimes against children to undergo chemical castration, although it is rarely issued to offenders. Chemical castration involves subjects taking certain medications that would block sex hormones such as testosterone from being produced.
Other states, such as California, Florida, and Texas, have laws that allow chemical castration. Surgical castration would be a move toward a more invasive procedure.
“We are talking about babies who are being violated by somebody. That is inexcusable,” Democratic state Sen. Regina Barrow said.
Barrow said she hoped the legislation would deter future offenders, also noting that while the procedure is typically used on men, the law could be applied to women as well.
While the bill does not make the procedure automatic if one has been convicted of these crimes, if someone is issued an order to undergo surgical castration and “fails to appear or refuses to undergo,” they could face a “failure to comply” charge, which has an additional three to five years in prison.
Some opponents say the bill could be classified as “cruel and unusual punishment,” a violation of the Eighth Amendment. Some also say the punishment may be too harsh for those who have only been convicted of one offense.
“For me, when I think about a child, one time is too many,” Barrow said.
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In Louisiana, 2,224 people are imprisoned for sex crimes against children younger than 13. If the law is passed, surgical castration could only be applied to offenders if the crime was committed on or after Aug. 1, 2024.
The bill now awaits the signature of Gov. Jeff Landry (R-LA), who will either veto the legislation or sign it into law.
