Page 23 of 32
90. A copy of the press release may be viewed at the Vote Smart website.
29
That press release contains the following quotes from Governor Bobby Jindal:
The Sex Offender Chemical Castration Bill is a good bill, and I am especially glad to sign it into Louisiana law today, on the same day the Supreme Court has made an atrocious ruling
against our states ability to sentence those who sexually assault our children to the fullest extent. Those who prey on our children are among the very worst criminals imaginable.
Not only as the Governor of this great state, but as a father of three children, I believe that sexually assaulting a child is one of the very worst crimes and I am glad we have taken such
strong measures in Louisiana to put a stop to these monsters brutal acts. I want to send the message loud and clear - to the Supreme Court of the United States and beyond - make no
mistake about it, if anyone wants to molest children and commit sexual assaults on kids they should not do so here in Louisiana. Here, we will do everything in our power to protect our
children and we will not rest until justice is won and we have fully punished those who harm them.
91. The language of the law is punitive in nature. Its primary purpose appears to be to punish those
convicted of the offences to which it applies. The Louisiana Supreme Court made this point in the case of State Ex Rel. Herbert Nicholson, quoted above.
92. Further, the language used by the Governor in the press release indicates several further purposes
of the law. The first is that it should have a general deterrent effect – that is, it aims to stop persons
from committing the offences to which it applies. It also seeks to protect the community. Finally, it is also intended to serve the purpose of denunciation. Finally, the Governor repeatedly referred to
offences against children.
G. Jurisdictions in Europe
a Poland
93. In July 2010, The Economist blog Eastern App oa hes epo ted that Pola d has e o e the fi st
ou t i Eu ope to ake he i al ast atio o pulso fo e tai se offe de s.
30
The legislation is a result of debate after a case of incest and rape that received significant media
attention . A go e
e t state e t e plai ed the legislatio as follo s: The pu pose of this a tio is to improve the mental health of the convict, to lowered his libido and thereby reduce the risk of
29
Vote Smart, Press Release, Governor Signs Chemical Castration Bill, Authorizing the Castration of Sex Offenders in Louisiana , 25 June 2008,
https:votesmart.orgpublic-statement353973governor-signs-chemical-castration- bill-authorizing-the-castration-of-sex-offenders-in-louisiana.Vsk65_9unIU
, accessed 20 February 2016.The search of the website of the Office of the Governor of Louisiana for the press statement mentioned above returns results
so the press statement definitely existed. However the links have expired.
30
The Economist, Eastern approaches: Ex- o
u ist Eu ope, Che i al Cast atio i Pola d: No “ path , June 2010,
http:www.economist.comblogseasternapproaches201006chemical_castration_poland , accessed
25 February 2016.
Page 24 of 32
a othe i e ei g o itted the sa e pe so . The Polish P ime Minister at the time, Donald
Tusk, o e ted i elatio to the la that I do ot elie e that e a all these i di iduals –
these creatures – hu a ei gs. “o i this ase, e do t eed to dis uss hu a ights. The la
potentially applies to offences of child rape and rape of immediate family. It requires the opinion of a psychiatrist;
31
and A o di g to Polish politi ia s, the ou t o has the toughest legislatio
to a ds paedophiles i Eu ope. Pola d as al ead a e e of the EU at the ti e and various
other member states, as well as the EU itself, voiced criticisms about the law when it was first proposed in 2008.
32
b Russia
94. Various academic journal articles state that Russia has laws that provide for CC. The researcher has
reviewed press articles and other sources that confirm a law that more specifically provided for CC was passed in early 2012. It appears that a law proposed in 2011 was eventually passed by the
Russian legislature Duma in 2012 that makes provision for CC. The articles reviewed by the researcher leave some doubt about whether CC isvoluntary;
33
a requirement for eligibility for parole;
34
or mandatory in some circumstances.
35
The lack of certainty in the position of the law is increased by the content of an article dated 20 October 2015 stating that a bill had been introduced
to the Duma proposing mandatory chemical castration.
36
As these articles make clear, the laws are aimed at persons who have committed sexual offences against children. The legislators cited a spike
in the cases of sexual offences committed against children in the years around 2010 as the motivating factor. Legislators also noted that such sexual offenders often re-offend; and referred to
statistics that convicted persons are much less likely to re-offend if they receive CC treatment. Finally, legislators also noted that such laws existed in Europe and the US.
31
BBC, Pola d Cast atio La Takes Effe t , June 2010, http:www.bbc.comnews10269055
, accessed 25 February 2016.
32
De “piegel, An Unsuitable Instrument for Sex Offenders: EU Politicians Angered by Polish Chemical Castration Plan
, “epte e
8, http:www.spiegel.deinternationaleuropean-unsuitable-instrument-for-sex-
offenders-eu-politicians-angered-by-polish-chemical-castration-plan-a-580284.html , accessed 25 February 2016.
33
‘T, Lawmakers consider chemical castration for pedophiles , Ap il 2011, https:www.rt.comnewslaw-
chemical-castration-russia , accessed 25 February 2016.
34
Li a of Co g ess Glo al Legal Mo ito , Russia: Harsher Punishment for Crimes Against Children , Ju e 2011,
http:www.loc.govlawforeign-newsarticlerussia-harsher-punishment-for-crimes-against-children ,
accessed 25 February 2016.
35
Epress, Chemical Castration, Life “e te es: ‘ussia s Du a Toughe s La Agai st Child “e Offe de s ,
February 2012, http:www.epress.amen20120208chemical-castration-life-sentences-russias-duma-toughens-
law-against-child-sex-offenders.html , a essed Fe ua
. “ee also Eu asia ‘e ie , ‘ussia: Pa lia e t App o es Pedophile Cast atio , Ja ua y 2012,
http:www.eurasiareview.com27012012-russia-parliament- approves-pedophile-castration
, accessed 25 February 2016.
36
Mos o Ti es, Russian State Duma to Consider Introducing Chemical Castration for Pedophiles , O to e 2015, http:www.themoscowtimes.comnewsnewsarticlerussian-state-duma-to-consider-introducing-
chemical-castration-for-pedophiles539817.html, accessed 25 February 2016.
Page 25 of 32
95. The researcher has located a translated version of the Russian Penal Code which claims to include
amendments made up until 1 March 2012.
37
In article 97, the Penal Code provides that: Co pulso easu es of a edi al atu e a e i posed a ou t of la on the following
pe so s: … e those ho ha e ade at the age of eightee plus a offe e agai st se ual i teg it of minors under fourteen years old and who suffer from sexual preference disorder pedophilia that
does ot ualif as i sa it . The la further provides that such compulsory measures may only be used if the o i ted pe so s
e tal de a ge e t th eate s the possi le i fli tio o these pe so s of fu the da age, o da ge to the sel es o othe pe so s. Also, p o edu es fo
implementatio shall e dete i ed the i i al a d e e uti e la s of the ‘ussia Fede atio ,
a d othe fede al la s. The researcher cannot be certain whether this law is current.
Nonetheless, the researcher is in a position to observe that this law appears to create a discretionary regime, where a court may sentence an offender to CC. The law does not specify the
type of drug to be used.
c Moldova
96. In 2012, Moldova amended its Criminal Code such that CC is mandatory for violent sexual crimes
committed against hild e u de . Fu the , legislato s said that the la as i t odu ed i
response to the fact that 15 people were prosecuted in Moldova during the last five years for epeatedl o
itti g se ual i es agai st i o s.
38
d Germany
97. At least up until 2014, Germany maintained laws that allowed physical surgical castration of
e tai offe de s. The Cou il of Eu ope s Co ittee fo the P e e tio of To tu e a d I hu a o
Degrading Treatment or Punishment CPT has urged Germany to cease this practice. German authorities indicated that the use of surgical castration has dropped significantly in recent years, and
that the efo e it is lea that su gi al ast atio – also certainly due to the continued development of anti-androgen medications
– by now is practi all ea i gless, e phasis added .
39
98. A Ge a la passed i
La o Volu ta Cast atio allo s fo ast atio oth he i al and surgical but only with the consent of the offender that is, on a voluntary basis.
40
The law may
37
Legislation Online, Criminal Codes, Criminal Code of the Russian Federation The Criminal Code of the Russian Federation, No. 63-Fz of June 13 1996, 1996, amended 2012 English version,
http:legislationline.orgdocumentssectioncriminal-codescountry7 , accessed 25 February 2016.
38
Li a of Co g ess Glo al Legal Mo ito , Moldo a: Pedophiles to e Pu ished ith Che i al Cast atio , April 2012,
http:www.loc.govlawforeign-newsarticlemoldova-pedophiles-to-be-punished-with-chemical- castration
, accessed 25 February 2016.
39
Cou il of Eu ope, Germany: Anti-to tu e o ito s a t defi iti e e d to su gi al ast atio of se - offenders
, Jul ,
http:www.humanrightseurope.org201407germany-anti-torture-monitors-want- definitive-end-to-surgical-castration-of-sex-offenders
, accessed 26 February 2016.See also Council of Europe CPT, Report to the German Government on the visit to Germany carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment CPT from 25 November to 2 December 2013,
http:www.cpt.coe.intenstatesdeu.htm , accessed 26 February 2016.
40
De “piegel, ZwangsweisechemischeKastration , O to e ,
http:www.tagesspiegel.deweltspiegelsexualstraftaeter-zwangsweise-chemische-kastration1621122.html ,
accessed 26 February 2016.
Page 26 of 32
be viewed at the Ge a e site Gesetzei I te et .
41
It appears that there is no legal provision for mandatory castration. Laws passed in 1998 that reformed and strengthened provisions relating
to serious crimes, including sexual crimes, reportedly did not amend the legal position in Germany relating to castration.
42
e Switzerland
99. In Switzerland in September 2013, an enquiry considered chemical castration for reoffending of
paedophiles and
rapists in
the German
language, Che is heKast atio fü ü kfälligge o de ePädophile u d Ve ge altige
43
. The justification of the proposal noted that:
Pharmacological therapy using anti-testosterone drugs, often referred to as chemical castration, has been used for years in many Western countries, for example Germany, Sweden, Denmark,
Spain, Poland and a number of US states for paedophiles and rapists that have reoffended; In some cases the measure is voluntary and in other cases mandatory;
Statistics from Scandinavian states show such treatment reduces the rate of reoffending against children from 40 to 5.
Sanctions in Switzerland were too weak and there was too little protection of victims women and children.
100. By December 2013, the proposal had been rejected. The relevant body observed that voluntary
treatment has been in use in Switzerland for many years.
44
Further, a civil law in Switzerland Article of the Ci il Code i the Ge a la guage, i ilgesetz u hes “‘
already theoretically allows chemical castration without consent in very limited specified circumstances. It was further
observed that chemical castration may be important in certain individual cases, but in many other cases it will have no effect or may be counter-productive. For that reason it should not be a
mandatory sentence; nor should it be a condition of release for example, release on parole.
41
Gesetzei I te et, Gesetz über die freiwilligeKastration und andereBehandlungsmethoden , https:www.gesetze-im-internet.dekastrgBJNR011430969.html
; and https:www.gesetze-im-
internet.dekastrgindex.htmlBJNR011430969BJNE000301309 , accessed 26 February 2016.
42
Jou a“ ie e.O g, “e ualst af e ht, Entwicklungen des Sexualstrafrechts und der SexualdelinquenzsowiedelinquenterKarrieren von Sexualstraftätern in Deutschland, Hintergründe der
Reformgesetzgebung von 1998 und Überblick über die Neuregelungen des GesetzeszurBekämpfung von Sexualdelikten und anderengefährlichenStraftatensowienachfolgendeReformgesetze 1998-2003
, http:www.journascience.orgdegewaltkrimispezialduenkelduenkel_entw-sex-st-recht_02.shtml
, accessed 26 February 2016. See generally JournaScience,
http:www.journascience.orgdegewaltkrimispezialindex.shtmlsex-strafrecht . See also StGB.de -
AlleszumStrafgesetzbuch StGB, http:www.stgb.de
.
43
Pa lia e t of “ itze la d, ChemischeKastrationfürrückfälliggewordenePädophile und Vergewaltiger , September 2013,
https:www.parlament.chderatsbetriebsuche-curia-vistageschaeft?AffairId=20133870 ,
accessed 26 February 2016.
44
Parliament of “ itze la d, ChemischeKastrationfürrückfälliggewordenePädophile und Vergewaltiger ,
September 2013, https:www.parlament.chderatsbetriebsuche-curia-vistageschaeft?AffairId=20133870
, a essed Fe ua
. A d see also Pa lia e t of “ itze la d, Chemisch- medizinischeMassnahmengegenSexualtäter
, “epte e
, https:www.parlament.chderatsbetriebsuche-curia-vistageschaeft?AffairId=19961084
, accessed 26 February 2016.
Page 27 of 32
f England
101. In England, it appears that the use of CC is entirely voluntary. A pilot scheme is currently being run;
and referrals to, and treatment of offendersas part of,the scheme are apparently increasing.
45
H. Jurisdictions in Scandinavia
