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Chemical Castration -- Breaking the Cycle of Paraphiliac Recidivism
CHRISTOPHER MEISENKOTHEN (1260 Farmington Avenue, Apt. A2, West Hartford, CT 06107; e-mail: [email protected]) earned a B.A. in History and Sociology with Distinction in History, University of Connecticut in 1996; he is currently a J.D. candidate at the University of Connecticut School of Law. The author is an Article Editor for the Connecticut Journal of International Law.
I. Introduction
CHEMICAL CASTRATION. THE WORDS CAUSE A SHUDDER IN THE CONSCIOUSNESS OF every libertarian in the country. Not only is "chemical castration" in the thoughts of legislators and judges across the country, it is also actually happening. California has recently passed a law that mandates chemical castration as a condition of parole for repeat sex offenders and the discretionary chemical castration of paroled one-time sex offenders. Although this news may shock and surprise some, upon a closer examination and unraveling of the issues, chemical castration may not be such a bad idea after all and may be here to stay as part of American jurisprudence.
The term "chemical castration" is actually a misnomer. No permanent physiological alteration is required to carry out this procedure. Depo Provera, 1 an FDA-approved birth control drug, 2 is administered in weekly injections and serves to quell the sex drive of male sex offenders. 3 This treatment, which will be explained further below, is not perfect however. The purpose of this article is to outline the debate surrounding the use of Depo Provera for "chemical castration" and the possible constitutional issues implicated by such use. To follow is an exploration of the nature and use of Depo Provera, followed by a discussion of the relevant constitutional issues. I conclude with a discussion of the ideal chemical castration statute and some of the provisions such a statute should contain.
II. Depo Provera: Background and Use
A. Description and Use of Depo Provera
Chemical castration is neither castration nor sterilization. Unlike actual castration, no permanent physical change is wrought in the body by the administration of Depo Provera to "chemically castrate" a sex offender (Fitzgerald, 1990). Depo Provera is an FDA-approved birth control drug that quells the sex drive of sex offenders; it lowers testosterone levels in males by decreasing androgen levels in the bloodstream. 4...