Baton Rouge, Louisiana – Louisiana has become the first state in the United States to implement surgical castration as a form of punishment. The new law, which took effect on Thursday, allows judges to order surgical castration—the removal of male testicles or female ovaries— for adults convicted of aggravated rape involving victims under the age of 13. While some states already utilize chemical castration, which is a reversible procedure, Louisiana’s law mandates surgical castration.
This legislative decision is part of a broader trend of “tough on crime” laws enacted this year by Louisiana’s conservative supermajority and signed into law by Republican Governor Jeff Landry, who took office in January. However, critics warn that such measures are excessively punitive and ultimately ineffective in preventing crime. George Annas, director of the Center for Health Law, Ethics and Human Rights at Boston University, strongly opposes the law, calling it “anti-medical” and unconstitutional: “It makes no sense.”
Louisiana and several other states, including California and Florida, already have laws imposing chemical castration for certain sexual offenses. This method typically involves injections of Depo Provera, a contraceptive that temporarily lowers testosterone levels in both men and women. However, even this method has its critics, as the U.S. Food and Drug Administration (FDA) has never approved the drug for use in treating sex offenders.
In contrast to chemical castration, surgical castration is permanent. Advocates such as Annas raise concerns about whether surgical castration violates the Eighth Amendment of the U.S. Constitution, which prohibits “cruel and unusual punishments.” Annas warns that the law is also unconstitutional as it denies the right to reproduction and the right to bodily integrity. Under the new law, an offender can refuse the procedure but will face an additional sentence of three to five years in prison instead. “If you can avoid prison by volunteering to have your testicles removed, then it is coercive,” said Annas. He does not believe the law will withstand inevitable legal challenges from human rights organizations.
Giacomo Castrogiovanni, an attorney at Loyola University’s Legal Clinic, describes the new law as “very aggressive” and anticipates legal challenges ahead. “I expect a strong challenge,” he says, although he is less certain than Annas about whether it will succeed in striking down the law. “I don’t know what will come of it. It will be interesting.”
Beyond the legal implications, the law raises concerns regarding its effectiveness in combating sexual offenses. Annas argues that the law will simply be ineffective. “It is very difficult to find a doctor who believes this makes any medical sense,” he said. Dr. Katrina Sifferd, a criminal justice researcher and former legal analyst for the National Institute of Justice, also expresses skepticism. “There are claims that this will rehabilitate, deter, or incapacitate, but it appears this is not the case,” she stated.
Sifferd explained that individuals who commit sexual offenses against children do so for many different reasons, including trauma, aggression, and a need for love—factors that castration would not address. “There is no scientific evidence that this will ‘work’ to save anyone. And it will certainly not cure a person of being a pedophile,” Annas added. Sifferd further pointed out that the moral authority of the criminal justice system must be maintained. “Every punishment must be justified,” she stated. “Otherwise, it’s a slippery slope in what we allow the state to do.”
Louisiana has been dubbed the “prison capital of the world,” boasting the highest incarceration rate in the U.S., with an already significant portion of its population imprisoned compared to other democratic countries. Approximately 1,067 people per 100,000 are incarcerated in Louisiana.
The surgical castration law comes amidst a series of other new laws that create additional offenses for prosecution. Among these, legislation now criminalizes being within 25 feet of a police officer after being warned, and another law makes possession of over-the-counter abortion medication punishable by up to five years in prison.
Lawyers believe the new law largely reflects Republican efforts to implement more punitive policies. Castrogiovanni noted that until recently, Louisiana had a Democratic governor who could veto some of the more controversial right-wing proposals. Nonetheless, the surgical castration law passed with wide majorities in both chambers of the state legislature.
This new law has also drawn attention to possible hypocrisy regarding the protection of victims of sexual violence, as well as the safety of women and children more broadly. “The lives of women and children are worthless in this state,” said Boyd, who is now working to advocate for survivors’ rights.