Who could receive surgical castration punishment passed in Louisiana?

Lawmakers in Louisiana pass legislation that, if signed into law by Governor Jeff Landry, would give judges the option to sentence certain people convicted of aggravated sex crimes to surgical castration. The proposal was overwhelming approved by both chambers which are controlled by the Republican Party. Despite being sponsored by Democratic Senator Regina Barrow, votes against the bill mainly came from her own party.

Louisiana is already one of several where sex offenders can be ordered to be chemically castrated, which can be part of their terms of parole. Those include Alabama, California, Florida, Georgia, Iowa, Montana, Oregon, Texas and Wisconsin. This procedure uses drugs, namely medroxyprogesterone acetate (MPA), to decrease sex drive.

Who could receive surgical castration punishment passed in Louisiana?

The bill targets people convicted of aggravated sex crimes against a child under 13 including in cases of incest, molestation and rape. Barrow said that by giving judges the option of a surgical castration sentence it will serve as a deterrent for those “inexcusable” crimes against children.

She said that even though castration is typically associated with men that the law could be applied to female sex offenders too. However, she stressed that it would not be an automatic sentence and would be applied only on a case-by-case basis. The language of the bill stipulates before an offender can be surgically castrated, a medical expert must first determine if they are “an appropriate candidate.”

In Louisiana, there are currently 2,224 people incarcerated for sex crimes against children under 13 according to the Associated Press. The punishment would not be retroactive and would apply only to those who are convicted of a crime which occurs on or after 1 August this year.

Even if it isn’t vetoed by the governor, who is a Republican, it is sure to face legal challenges as even chemical castration is seen as unconstitutional by opponents.