Iowa would allow surgical castration to be imposed as a punishment for certain sex crimes committed against children under a bill introduced in the Iowa House.
The legislation is similar to a law passed in Louisiana, which last year became the first U.S. state to permit judges to order surgical castration of sex offenders.
Criminal defense lawyers, civil rights advocates and medical experts have raised serious concerns around the ethics and constitutionality of the law. Castration of any kind ordered by a court, they argue, violates informed consent, and that irreversible, disfiguring surgery constitutes cruel, unusual and degrading punishment. Amnesty International and other human rights organizations have strongly criticized such laws.
Victims rights advocates as well have questioned whether such punishment would actually make a difference in reducing sex crimes.
Surgical castration, which removes the testicles or ovaries to stop the production of sex hormones, as a form of punishment is rare. According to Amnesty International, Madagascar, the Czech Republic and a Nigerian state use it in their criminal systems.
Several U.S. states allow judges to order chemical castration, drugs to significantly diminish sex drive. Chemical castration, which suppresses testosterone levels and is reversible and less harmful, has been linked to reduced recidivism for sex offenders.
“There are evidence-based methods for sex-offender management of those who violated children. We want to protect kids and protecting kids means actually doing things to prevent them from being assaulted in the first place and evidence-based methods to prevent recidivism,” said Tamika Payne, interim executive direction of the Iowa Coalition Against Sexual Assault, a statewide organization that advocates on behalf of survivors and victim advocates.
“Threat of punishment is not going to stop someone,” Payne said. “ … We want offenders to be held accountable and change their behavior to prevent it from happening further, and surgical castration doesn’t address any of those things. It doesn’t address prevention.”
Iowa Code allows hormonal intervention therapy for certain sex offenses. Iowa law provides that a person convicted of a serious sex offense may be required to undergo drug treatment to reduce sexual aggression or disinhibition as part of any conditions of release imposed by a court or the Board of Parole, “unless, after an appropriate assessment, the court or board determines that the treatment would not be effective.”
State law allows the Iowa Department of Corrections, in consultation with the Board of Parole, to administer medroxyprogesterone acetate — a medication used to treat a variety of conditions, including hormonal imbalances — or other approved pharmaceutical agents prior to the parole or work release of a person convicted of serious sex crimes against a child who was under the age of 13 at the time.
House File 17, introduced by Rep. Taylor Collins, a Republican from Mediapolis, would expand upon the law and allow judges the option of ordering surgical castration as part of any condition of release imposed on those convicted of a serious sex offense where the victim was under the age of 12 at the time of the offense.
The punishment is not automatic and would be at the judge's discretion based on the specifics of each individual case.
The measure would not apply if the person voluntarily undergoes a permanent surgical alternative approved by a court or the Board of Parole.
If the defendant is on probation at the time of sentencing, the bill provides that a presentence investigation “shall include a plan for surgical castration to be performed as soon as is reasonably possible after the person is sentenced.” If jailed or incarcerated prior to release on probation or parole, surgical castration ”shall be performed not later than one week prior to the defendant’s release from confinement.“
A court order requiring a person to undergo surgical castration would be contingent on determination from a court-appointed medical expert “that the person is an appropriate candidate for the procedure and that the procedure is medically appropriate.”
www.thegazette.com
The legislation is similar to a law passed in Louisiana, which last year became the first U.S. state to permit judges to order surgical castration of sex offenders.
Criminal defense lawyers, civil rights advocates and medical experts have raised serious concerns around the ethics and constitutionality of the law. Castration of any kind ordered by a court, they argue, violates informed consent, and that irreversible, disfiguring surgery constitutes cruel, unusual and degrading punishment. Amnesty International and other human rights organizations have strongly criticized such laws.
Victims rights advocates as well have questioned whether such punishment would actually make a difference in reducing sex crimes.
Surgical castration, which removes the testicles or ovaries to stop the production of sex hormones, as a form of punishment is rare. According to Amnesty International, Madagascar, the Czech Republic and a Nigerian state use it in their criminal systems.
Several U.S. states allow judges to order chemical castration, drugs to significantly diminish sex drive. Chemical castration, which suppresses testosterone levels and is reversible and less harmful, has been linked to reduced recidivism for sex offenders.
“There are evidence-based methods for sex-offender management of those who violated children. We want to protect kids and protecting kids means actually doing things to prevent them from being assaulted in the first place and evidence-based methods to prevent recidivism,” said Tamika Payne, interim executive direction of the Iowa Coalition Against Sexual Assault, a statewide organization that advocates on behalf of survivors and victim advocates.
“Threat of punishment is not going to stop someone,” Payne said. “ … We want offenders to be held accountable and change their behavior to prevent it from happening further, and surgical castration doesn’t address any of those things. It doesn’t address prevention.”
What does Iowa law currently allow?
Iowa Code allows hormonal intervention therapy for certain sex offenses. Iowa law provides that a person convicted of a serious sex offense may be required to undergo drug treatment to reduce sexual aggression or disinhibition as part of any conditions of release imposed by a court or the Board of Parole, “unless, after an appropriate assessment, the court or board determines that the treatment would not be effective.”
State law allows the Iowa Department of Corrections, in consultation with the Board of Parole, to administer medroxyprogesterone acetate — a medication used to treat a variety of conditions, including hormonal imbalances — or other approved pharmaceutical agents prior to the parole or work release of a person convicted of serious sex crimes against a child who was under the age of 13 at the time.
What would the bill do?
House File 17, introduced by Rep. Taylor Collins, a Republican from Mediapolis, would expand upon the law and allow judges the option of ordering surgical castration as part of any condition of release imposed on those convicted of a serious sex offense where the victim was under the age of 12 at the time of the offense.
The punishment is not automatic and would be at the judge's discretion based on the specifics of each individual case.
The measure would not apply if the person voluntarily undergoes a permanent surgical alternative approved by a court or the Board of Parole.
If the defendant is on probation at the time of sentencing, the bill provides that a presentence investigation “shall include a plan for surgical castration to be performed as soon as is reasonably possible after the person is sentenced.” If jailed or incarcerated prior to release on probation or parole, surgical castration ”shall be performed not later than one week prior to the defendant’s release from confinement.“
A court order requiring a person to undergo surgical castration would be contingent on determination from a court-appointed medical expert “that the person is an appropriate candidate for the procedure and that the procedure is medically appropriate.”
Iowa bill would allow surgical castration for some sex crimes against children
The legislation is similar to a law passed in Louisiana, which last year became the first U.S. state to permit judges to order surgical castration of sex offenders.
www.thegazette.com
