Most people will agree that one of the worst crimes is child molestation. Sadly, this crime is not always reported, and the criminal sometimes never gets caught and punished. Even worse, a lot of acts of child molestation are perpetuated by family members. Well, the state of Alabama has finally put their foot down. Republican Alabama Governor Kay Ivey recently signed a bill into law that requires convicted sex offenders to undergo chemical castration a month prior to being released from custody. And they will also have to foot the bill for it.
The law states that offenders “convicted of a sex offense involving a person under the age of 13” will be chemically castrated a month prior to their release, and will be required to continue the treatment “until the court determines the treatment is no longer necessary.” The sex offenders would be required to pay for the treatment, and the denial of their parole will not be based solely on their inability to pay.
So what is chemical castration? Under the law, chemical castration is defined as “the receiving of medication, including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person’s body.” Unlike surgical castration, it does not remove organs or is it a form of sterilization.
Governor Ivey said, “This bill is a step towards protecting children in Alabama,” it was passed by both houses mid-year in 2019. Alabama was the latest to pass such a law, California was the first to pass the bill in 1996. Other states that enforce this law include Oregon, Louisiana, Florida, Montana, Georgia, and Texas. If the offender decides to halt the treatment, it would be considered a violation of parole, and will be sent back to prison.
There will always be two sides to a coin. While many support the bill, there are a few who deem it unconstitutional. The Alabama Civil Liberties Union (ACLU) argues it is close to cruel and unusual punishment (a violation of the Constitution’s 8th Amendment), and violates people’s rights to privacy. The ACLU executive director, Randall Marshall, explains that the law does not guarantee prevention of child molestation. In a statement to CNN, he said, “It certainly presents serious issues about involuntary medical treatment, informed consent, the right to privacy, and cruel and unusual punishment. And, it is a return, if you will, to the dark age. This kind of punishment for crimes is something that has been around throughout history, but as we’ve gotten more enlightened in criminal justice, we’ve gotten away from this kind of retribution.”
Republican Representative Steve Hurst, who proposed the bill, was quick to react: “I had people call me in the past when I introduced it and said’ Don’t you think this is inhumane?’ I asked them, ‘What’s more inhumane than when you take a little infant child and you sexually molest that infant child when the child cannot defend themselves or get away, and they have to go through all the things all the things they have to go through?’ If you want to talk about inhumane, that’s inhumane. They have marked this child for life and the punishment should fit the crime.”
Still,some critics contend that the law is unfairly coercive to inmates, who may be forced to choose between staying in prison and taking the treatment. And there may be side effects, physiologically and psychologically. A spokesperson for the National Patient Advocate Foundation, Caitlin Donovan, made a statement to CNN: “Medical decisions should remain between a patient and their provider. I worry about any precedent that allows the state to use health care as a form of punishment.”
Questions whether it works, ethical concerns, and other issues, continue to criticize the law. However, note that it is not a painful treatment, and is not permanent. It has been used effectively by other countries even before the US considered it. Child molestation is horrendous. Sexual assault to anyone is deplorable. It seems that chemical castration is a mild punishment compared to the crime. You be the judge.
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