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DES MOINES — 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.”

Support for victims
Victims of domestic violence, sexual assault, homicide, human trafficking
and other violent crimes can find local support services by calling the
Iowa Victim Services Call Center at 1-800-770-1650 or on their website at survivorshelpline.org.

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.”

Why is this being proposed?
Collins said the bill provides judges with additional sentencing options
he feels are needed, and would deter would-be child sex abusers.

“So as we heard from the chief justice this morning, we are dealing with
some cases in Iowa's judicial system that people cannot even comprehend,” Collins told The Gazette on Wednesday, referencing an annual address to lawmakers on the condition of the state’s judiciary. “And you're seeing
across the country an increase in number of serious sex offenses, and
that's really concerning.

“I think we're seeing states across the country look at options that we
haven't utilized yet to not only discourage these kinds of egregious
cases, but also make sure that if these individuals are released, that
they hopefully never happen again,” he said.

Iowa Supreme Court Chief Justice Susan Christensen delivered her fifth Condition of the Judiciary address Wednesday. During her speech,
Christensen talked about her passion for protecting Iowa’s vulnerable
children and families, sharing stories that “reveal the incredible
challenges children and families face --- and the critical work being done
in our courts to help them.”

Among the cases she cited was a 6-year-old boy physically and sexually
abused by his mother’s boyfriend “to the point the child died.”

“Mom stood by her boyfriend, even after she saw the trauma her son
endured,” Christensen said. “Mom bonded boyfriend out of jail and had
another child with him before he went to prison. The judge said, ‘I can’t
unsee pictures of the child’s body.”

Collins said “all options need to remain on the table in order to prevent
these kinds of cases never happening in the first place,” and added “the
damage on the victims (from offenders) that have perpetrated these crimes
are obviously irreversible as well.”

The bill has been referred to the House Judiciary Committee. Committee
chair Rep. Steven Holt, R-Denison, said he intends to assign it to a subcommittee for a hearing.

“I want to hear the conversation and the different perspectives,” Holt
told The Gazette.

Collins said he expected a companion bill to be filed in the Iowa Senate,
but still was working to line up a sponsor in the other chamber.

Rep. Lindsay James of Dubuque, the ranking Democrat on the House Judiciary Committee, said there are more pressing issues facing the state and
lawmakers should instead be focusing their time on “lowering costs for
Iowans and making sure that kids get their best chance at life with a good education.”

James added House Democrats are committed to protecting victims and
ensuring that measures in place are effective. “This is a concerning
issue. We all know and love someone who has experienced abuse, and they're important issues,” she said. “I will be very eager to hear what folks have
to say about it.”

Proposal faces legal challenges
Robert Rigg, founding member of the Iowa Association of Criminal Defense Lawyers and a retired Drake University law professor, said the proposed legislation presents “a number of constitutional challenges.”

“Even if this would pass constitutional challenges, the medical ethics of performing such a procedure is questionable. What doctor would perform
such a procedure?” Rigg asked. “I'm unaware of an irreversible medical procedure ordered as a part of the criminal justice system since the
demise of eugenics. Why not pass a statute for the surgical removal of a
hand for those convicted of theft?”

Pete McRoberts, policy director at the ACLU of Iowa, said the state has a “robust, fair” judicial system and sex offender registry, which includes special life sentences for those who pose a threat to the community.

“It's difficult to believe that this is a serious consideration of the
state of Iowa, and we're going to do everything we can to stop it,”
McRoberts said. “The idea that somehow Iowa is soft on sex offenders is
not based in fact. And ask anybody who's on the sex offender registry for
life if they agree with that. So we're opposed to this bill. I don't see
that it's got much of a future, but we take every bill seriously … and
this is no exception.”

Payne, with the Iowa Coalition Against Sexual Assault, said the
legislation will likely deter survivors of child sexual abuse from
reporting sex crimes due to concerns about the extreme consequences of prosecuting friends, partners and family members.

“Survivors of child sexual abuse want many different remedies and we know
that often child sexual abuse happens within families, happens within
close units,” she said. “Many survivors want the behavior to stop, and significantly increased penalties are a deterrent to reporting because the young person doesn’t want to be the person to be held responsible in the family. … That’s why most child survivors of sexual violence don’t come
forward until they are adults, because they’ve developed a sense of safety outside the home.”

Comments: (319) 398-8499; tom.barton@thegazette.com

https://www.thegazette.com/state-government/iowa-bill-would-allow- surgical-castration-for-some-sex-crimes-against-children/

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