Louisiana Becomes First State to Legalize Surgical Castration, Sparking Mixed Reactions

Louisiana is officially the first state to legalize surgical castration as a form of punishment for sex crimes. The law went into effect on August 1st, but many people still have questions about when a judge can order this form of punishment.

Get our free mobile app

People have raised concerns due to the extreme nature of the procedure and the question of whether this law will actually reduce sex crimes and protect children. A criminal defense attorney in New Orleans, Gwyneth O'Neil, finds the new law confusing and says it is 'overkill'.

Surgical castration is generally considered, or was considered, to be sort of like the paradigmatic example of cruel and unusual punishment, because it's a form of physical mutilation. It's barbaric

What's The Difference Between Surgical Castration and Chemical Castration?

Surgical castration is a permanent surgery that surgically removes the testicles or ovaries, stopping the production of sex hormones.

Louisiana judges also have the option to order chemical castration for sex offenders, which essentially reduces the production of sex hormones without surgery, however this is not a new addition to the law.

Who Does The Law Target?

Louisiana judges can order this punishment for offenders found guilty of sex crimes, including rape, incest, or molestation against a child under 13. However, a court-appointed medical expert will determine if they are fit for the surgery or not.

The law does not apply to anyone found guilty who is under the age of 17.

Can Offenders Refuse The Surgery?

Yes, offenders can refuse to have surgical castration done and instead serve 2-5 additional years in prison without the possibility of getting out early.

Louisiana Democratic state Rep. Delisha Boyd responds to critics of the bill, saying, "Some of the critics say, you know, that's cruel and unusual punishment. Well, I disagree. I think the cruel and usual punishment was the rape of that 5-year-old."