Castrated by Criminal Justice

by John M. Curtis
(310) 204-8700

Copyright March 5, 2001
All Rights Reserved.

opular misconceptions about the role of castration in curing sexual predators now threaten to turn dangerous criminals back on the streets. Taking an eye-for-an-eye over the deep-end, California’s stable of sexual predators are now begging for surgical castration—the medical procedure known as orchiectomy—hoping to win early release. Contrary to official views, sexual predators aren’t driven only by testosterone. Seeking to control, dominate and punish victims, they’re motivated by much more than hormones. Rejection, rage, social incompetence, stunted moral development, substance abuse, faulty neurochemistry, and a host of other factors all play a part in aberrant sexuality. Castration lowers testosterone levels, but doesn’t reverse other forms of mental illness. Castrating and paroling sexual predators opens a dangerous Pandora’s box. Discredited as barbaric and regarded as cruel and unusual punishment, castration gives sexual predators rotting in state mental hospitals false hopes.

       Far from atoning for their crimes, over 15 convicted sexual offenders in California—child molesters and rapists—requested castration, believing that it would be their ticket out of the slammer. “If that’s what they want to do . . . they should be able to get it,” said Alameda County prosecutor Nancy Davis, who’s convinced that castration cured 37-year-old convicted mentally disordered sex offender Delmar Burrows, who claims he no longer has “bad thoughts.” God knows his real fantasies or the cryptic ways in which he’ll vent destructive impulses. Despite Davis’ views, the verdict’s still out on whether castration—with its lowered testosterone levels—tells even part of the story about inappropriate sexuality. Replacing lost testosterone is easy enough with drugs or nutritional supplements. “They [institutionalized sexual predators] are so desperate to be free that they will do just about anything to gain their freedom,” said Liz Schroeder, associate director of the American Civil Liberties Union of Southern California. Despite some preliminary recidivism studies, there’s no scientific proof that castration controls complex sexual activity like child molestation or rape.

       From California to Florida, castration has become a fashionable trend among the nations’ most perverted criminals. Since a Georgia judge ruled that a repeat sex offender must submit to castration before his release, it captured national headlines. Texas became the first state to pass a law offering castration as a viable option for repeat sex offenders. “I think that’s what the public is looking for,” said William Charles Thiel, an Orange County child molester who’s begging for the procedure. “I want out,” admitted Thiel, also acknowledging that many of his child-victims went undetected. Yes, of course incarcerated sex-criminals, like Thiel, want out. But whether the criminal justice system can safely turn them loose after castration is anyone’s guess. If sexual predators can win their release via castration, why not violent criminals after undergoing frontal lobotomies? Like castration, psychosurgery also fell into disrepute precisely because of its questionable medical benefits—despite zealots supporting its use. What if someone suggests shock therapy? Medical procedures can’t be exploited as punishments or successful treatments until they’re proven effective.

       Before castration becomes a legitimate medical option, it needs to be studied with far greater scientific precision. It’s not enough to have judges, prosecutors or inmates offer up castration as an option without convincing medical benefits. A few sloppy studies and anecdotal evidence touting its benefits doesn’t justify using it to prevent aberrant sexuality. Many physicians currently refuse to perform orchiectomies on sex offenders because they don’t know its therapeutic benefits. Performing surgical castration to stop the spread of cancer or even controversial sex change operations has far more legitimacy than curing child molesters. Asking physicians to amputate patients’ gonads without compelling benefits pushes medicine across a dangerous line. Experimenting at the request of inmates, prosecutors or judges invites cynical abuses prohibited by strict ethical guidelines. “I want to be able to live any life I’ve got left with as much freedom as possible,” said 60-year-old Thiel, an aging pedophile now serving an indefinite sentence at Atascadero State Mental Hospital requesting immediate castration.

       Giving mentally disordered offenders like Thiel false hope that castration is his ticket out of prison sends the wrong message. “This place is a dead end,” insisted Thiel, conveying his fervent wish to escape incarceration. There’s nothing wrong with that. But there is something wrong with attorneys, judges and hospital staff buying Thiel’s argument that castration entitles him to an early release. Castration won’t counteract his mental illness or criminal propensities by simply reducing testosterone. Criminality involves more than imbalanced hormones or faulty genetics. Believing otherwise invites dangerous naivete leading to unwarranted medical experimentation. It’s OK to neuter or spay dogs for whatever reason. But it’s not OK to castrate mentally disordered sex offenders because they wish to voluntarily commute their sentences. While it’s logical that lowering testosterone weakens sex drive, it’s also true that raging hormones aren’t responsible for criminal activity. How utterly naïve to assume that complex behaviors—like rape or child molestation—are based solely on runaway hormones.

       Before castration mania gets out of hand, scientists need to carefully study its effect on aberrant sexuality and criminality. Pressuring authorities for early releases, the courts shouldn’t collude with inmates by encouraging draconian medical procedures with unknown therapeutic benefits. Sexual predators are driven to criminal activity by more than just testosterone. Castration may lower testosterone but it doesn’t overhaul pathological personalities driven to crime by outside temptations and atrophied consciences. Orchiectomies won’t cure mentally disordered sex offenders any more than lie detector tests will prevent rogue FBI agents from betraying their country. Reverting to discredited surgeries to accommodate the needs of sexual predators doesn’t protect the public against future victimization. Well-intentioned courts shouldn’t jump the gun and recommend medical procedures in which there’s scant evidence to support its benefits. Misguided passions don’t make good medicine or anything else.

About the Author

John M. Curtis is editor of OnlineColumnist.com and columnist for the Los Angeles Daily Journal. He’s director of a Los Angeles think tank specializing in political consulting and strategic public relations. He’s the author of Dodging The Bullet and Operation Charisma.


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