Chemical Castration, Will it work?

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Chemical Castration, Will it work?
By: Steven L. Yep




The New Year has ushered in an abundance of new laws. One of the 
most controversial laws is the mandatory chemical castration for 
repeat child molesters. The term, in itself, "chemical castration" 
conjures up frightening images.

What is it?

Depo-Provera is a drug which lowers the testosterone levels and the 
resulting sex drive in men. It was originally developed as a 
contraceptive for women. Depo-Provera would be regularly injected 
to control ones urge to have sex. Once the injections are 
discontinued, ones normal sex drive will return.

To Whom does it apply?

AB3339, which was originally intended to apply to all sex 
offenders. Proponents of the new law say it is the only way to stop 
criminals known for being repeat offenders. Currently, it will 
apply to repeat offenders as a condition of their parole. The 
sentencing judge has discretion to order it to first time 
offenders. The Department of Corrections have not decided when to 
administer the program. It is unclear if the new law should apply 
to those already convicted or to those persons convicted after 
January 1, 1997.
Arguments that the new law should only apply to those convicted 
after the January 1, contend that it would be a violation of ex 
post factors laws (new punishment which was not contemplated during 
sentencing).
There are those who also contend that chemical castration is 
unconstitutional. Certainly, this will be a case where the 
constitutionality will be challenged in court.


Does chemical castration replace jail?

Absolutely not. Chemical castration will be administered only after 
incarceration. Once the jail sentence has been completed, along 
with the typical conditions of parole for child molesters; not to 
go around schools, areas where child play, parks, etc. and to be 
chemically castrated. The assembly bill was concerned about repeat 
offenders and their behavior back into society.


Conclusion

There is no sane person on this earth who will condone child 
molestation. It is a deplorable act. However, if one is truly 
repentant and desires to change his or her behavior, Depo-Provera 
maybe the answer. But, it begs the question; since Chemical 
Castration is touted as a cure all, what is the purpose of jail?



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Steve is a panel attorney for PORAC legal defense fund. He 
associates with attorneys Larry Peterson and Ingo Brauer. Mr. 
Peterson is also a PORAC attorney and is Bilingual( Spanish). He 
can be contacted at (408) 291-6040. Mr. Brauer can be reached at 
the phone numbers below. 

Steven L. Yep * Attorney at Law 
111 W. St. John St. Suite 555 San Jose, CA 95113 
Phone: (408) 275-1290