Here Are the States That Allow Chemical Castration as Punishment

Louisiana lawmakers passed legislation this week that allows judges to sentence child sex offenders to surgical castration. Assuming the bill is signed into law, as is expected, Louisiana will become the latest member of a growing list of states to have a castration law on the books.

Louisiana’s GOP-controlled legislature passed the bill, which permits judges to order surgical castration for those convicted of aggravated sex crimes, including rape, incest, and molestation of a child under 13. The bill now awaits the signature of Governor Jeff Landry, a Republican who took office in January.

This measure expands on the existing option of chemical castration, available since 2008 but rarely used. Chemical castration involves medication to reduce testosterone levels and lower sex drive, experts say.

Several states have laws allowing chemical castration. Alabama passed a bill in 2019, a year after Oklahoma legislators made a bid to do the same. California, Florida, Georgia, Iowa, Montana, Oregon, Texas and Wisconsin also have some form of chemical castration laws. In some states, offenders can opt for the surgical procedure to reduce their jail time.

“Chemical castration or testosterone-lowering medications are effective for certain types of sexual offending,” Dr. Renee Sorrentino, a forensic psychiatrist and founder of the Institute of Sexual Wellness, told Newsweek.

Dr. Sorrentino, who has worked with chemical castration for over a decade, emphasized that these procedures are not a “silver bullet.” They tend to be more effective in individuals with problematic sexual behaviors, and not necessarily because of an antisocial orientation or personality structure.

“Mandated chemical castration for sexual offenders should be viewed like other forms of mandated treatment. The decision should be rooted in scientific evidence that such treatment will decrease sex offender recidivism,” she said.

Surgical castration, approved in Louisiana, is different and irreversible. Proponents argue it strengthens punishment for heinous crimes and protects children, believing it can significantly reduce an offender’s chance of re-offending.

“This is a consequence,” Republican state senator Valarie Hodges said during a committee hearing on the bill in April. “It’s a step beyond just going to jail and getting out.”

The legislation stipulates that not every child offender will be castrated. Each case will be reviewed individually, and a medical expert must determine whether the offender is an appropriate candidate for the procedure before it is carried out.

If an offender fails to appear or refuses to undergo surgical castration after a judge orders the procedure, they could face an additional three to five years in prison for “failure to comply,” according to the bill’s language.

Opponents argue the punishment is cruel and unusual. They question its effectiveness as a deterrent and raise concerns about potential constitutional challenges. Some argue it is too harsh a punishment for a first-time offender.

“These bills, if enacted into law, would mandate forced mutilation resulting in a permanent loss of an important bodily function as a form of criminal punishment,” said Amber Vlangas, spokesperson for the Restorative Action Alliance.

“What will be next? Will a bill be introduced to cut off the hands of all thieves hoping that if a defendant does not deserve such a barbaric sentence, the judge will figure it out?”

There are approximately 2,200 child sex offenders in prison in Louisiana, according to the state’s Department of Public Safety and Corrections.