A bill proposed in the Louisiana Senate that would give judges the power to order the castration of convicted child rapists could become law.
Reversible chemical castration through drugs is already a criminal offense in the state, but earlier this month the House passed a bill from Democratic Sen. Regina Barrow by a vote of 74-24 that would further strengthen the penalties.
The law allows a judge to order proceedings assuming that a man or woman who has committed a serious sexual offense against a child under the age of 13 is a suitable candidate.
The process will take place at least one week after the convicted person has completed their sentence.
Failure or refusal to appear could result in an additional three to five years in prison, according to the proposed bill.
“We must stand up and fight for our children,” Democratic Rep. DeLisha Boyd said in introducing the bill in the House. Louisiana Illuminator.
Boyd cited a news report about a 51-year-old Baton Rouge man who was recently arrested for allegedly raping a 12-year-old girl.
The man was already on the sex offender register for a crime he committed in 2007, suggesting the bill could deter repeat sex offenders.
According to the media, the House of Representatives approved the bill with several conditions, most notably that offenders under the age of 17 would be exempt from the tough new penalties.
If the Senate approves the changes, the bill would go to the governor’s desk.
The Louisiana Department of Corrections and Public Safety said the cost of castration will increase from $550 to $680 per inmate, according to the outlet, but did not disclose the total annual cost of the change.
The bill is expected to face a court battle over its constitutionality, with Democratic state Sen. Edmund Jordan arguing that it would cost the state at least $100,000 to defend the law in court, citing discussions with opposition groups.
Jordan also took issue with the bill’s “historical context,” arguing that it harkens back to the unjust lynchings and castrations of black men during the Jim Crow era and that the punishment is disproportionately applied to black men.
“Who does this affect most?” Jordan asked lawmakers to The Illuminator.
“I know it’s race neutral. I know it says it applies to everyone, but we all know who it affects.”
Bruce Riley of Voice of the Experience said: WWL Louisiana His organisation opposed the bill, arguing that “mutilation should not be a part of crime or punishment”.
“Now I’m going to add removing someone’s testicles,” he told media.
“Where do we draw the line on punishment?”
According to the bill’s wording, female offenders ordered to undergo the procedure would have their ovaries removed.
The original version of the bill would have required all convicted sex offenders to undergo the procedure.
The current version has been amended to allow the judge to make the decision.
“She wasn’t stupid, but [enough] “If this became law… every rapist would say, ‘I wouldn’t do that,'” she said, adding that she believes the law would be “a deterrent.”
But Riley said Louisiana has one of the highest rates of wrongful convictions in the country, and “[s] Ten others were found not guilty despite being eligible for punishment.”
