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A life of punishment will not deter abusers; treatment can

Franz Kafka’s novel “In the Penal Colony” describes a punishment machine that inflicts terrible and torturous pain on prisoners tied to a wooden bed. Above the prisoner, a parallel bed with large needles positioned repeatedly pumps over the prisoner’s body, piercing and tattooing. The sole purpose of this device is to physically punish and shame prisoners for their crimes, not to rehabilitate them. An analogy can be made with California’s new chemical castration law and the proposed single-wives law for second-time child molesters.

The Women’s Coalition is writing an updated version of Kafka’s novel. This group, which advocates for stronger laws against sex offenders, played a major role in convincing the Legislature to pass the chemical castration bill, AB3339, effective January 1. 1. Now, people convicted twice of child abuse will receive injections of Depo-Provera, a hormone that prevents sexual desire and fertility. The injections are first administered one week before the individual’s release from prison. There is no apparent purpose to the new law, except to continue to punish people who have already served their sentences for their crimes.

Problems with chemical castration include the terrifying prospect that it could be administered to wrongfully accused people, as well as doubts about the effectiveness of the drug. Dr. Fred F. Berlin, director of the National Institute of Sexual Trauma in Baltimore, disputes the notion that Depo-Provera injections will simply work “pro forma,” saying “it’s like a diet drug…you have to want stop eating too much.” See Mike Lewis, “The New Castration,” California Attorney, January 1997, p. twenty-one

But even Dr. Berlin goes too far. Diet drugs suppress appetite. If the drug is accompanied by a desire to lose weight, there is a high probability that weight loss will occur. There is no analogy with child abusers and Depo-Provera, which has an inhibiting effect on both libido and fertility.

Child molesters don’t have problems with their libido, they have problems with behavioral control, mental fragility, and substance abuse. They often come from homes where sexual abuse was common. As such, using Depo-Provera on child molesters is similar to using penicillin on rapists: the drug is unrelated to the problems involved and therefore ineffective.

In addition, Depo-Provera has serious side effects other than loss of sexual desire and fertility: breast enlargement, hot flashes, and hair loss. The “victims” of the drug are subjected to embarrassing physical changes and, more importantly, the loss of normal, healthy sexual relationships and the ability to have a family. Until a child molester resolves the internal issues of torture, the controlling urge to molest will continue, regardless of whether or not he is chemically castrated.

Most psychiatrists believe that chemical castration should only be chosen voluntarily by the abuser and should be accompanied by psychological counseling. In other words, castration is not the answer to the problem; the mental element is the factor that must be addressed. The Women’s Coalition has announced that it is currently working on “phase two” of the chemical castration law: the one-wives law. Under this scheme, twice convicted child molesters would be forced to use only one wife for life upon release from prison. The theory is that the public would be warned that an abuser is among them; therefore, the public is “safe” from such individuals, who will be publicly shamed by the “brand of metal”.

The proposed single wife law is inherently flawed. A child may not see the abuser or the handcuffs before the attack. Abusers could easily hide the wife under a coat, sleeve, or glove so potential victims would not notice her. More importantly, the handcuffs do not treat the problem and, as such, do not prevent future crimes. The tunnel vision of the Women’s Coalition and her desire to protect society prevent her from seeing the monstrous implication of the shameful penalty she proposes.

Shame sentences are not the solution for child molesters. Child molesters are not okay. They have impulses that tell them they must control something smaller and more vulnerable than themselves. Their need for control drives them to act outside the law. Many of them know that their conduct is illegal but still cannot keep the perspective of social norms. Shame sentences will not change the behavior of child molesters. To address the problem, we need to mandate that they seek treatment to address the real issues that plague them so that society is truly protected. By marking these people for life, we remove any incentive for them to seek help and change.

The Proper Punishment is neither phase one nor phase two of the Coalition of Women’s modern horror novel. The Legislative Assembly has already determined the punishment corresponding to the crimes. The Prison Terms Board determines which prisoners are rehabilitated to the point where they can re-enter society and lead a normal life on parole. The Women’s Coalition usurps these authorities and tells us that now the punishment will continue even after the corresponding sentence has been served.

Blind reliance on shame sentences overlooks other solutions that can be used while the child molester is still incarcerated and still safe from the public. An inmate may be required to attend mandatory and rigorous psychological counseling. The victim, often from the same family as the abuser, as well as other family members, may be asked to attend these sessions in an open forum setting to raise awareness of issues, encourage recognition of warning signs and trigger a vent. of emotions, fears and concerns. Prisoners could be subject to perfunctory polygraph exams before release to determine if they are still prone to further abuse.

Despite these viable solutions, the Women’s Coalition’s punishment takes the form not of a monstrous torture machine, but of medical technology and visible public displays. Although there is a clear difference in form, the similarity remains: the punishment inflicted is intended only to shame: it is not intended to treat the symptoms of the crime.

Shame sentences only guarantee that hope, help, and self-awareness will never occur. It is a band-aid to cover up the frustration and fear that society feels when the problems that arise are extremely difficult to solve. Shame sentences are a crutch that society uses when it wants protection but feels its hands are handcuffed. But society will not be protected… in the penal colony.

By Sharon B. Morris

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