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A Lifetime of
Punishment
Won't
Deter Molesters;
Treatment Can
By Sharon B. Morris
 ranz
Kafka’s novel “In the Penal Colony” describes a punishment machine that inflicts dire and
torturous pain on prisoners strapped to a wooden bed. Above the
prisoner, a parallel bed with large needles attached repeatedly pumps
down on the prisoner’s body, puncturing and tattooing. This device’s
only purpose is to physically punish and shame the prisoners for their
crimes, not to rehabilitate them. It can be analogized to California’s
new chemical-castration law and the proposed single-handcuff law for
second-offense child molesters.
An updated version of Kafka’s
novel is being written by the Women’s Coalition. This group, which
advocates tougher laws against sex offenders, played a large role in
convincing the Legislature to pass the chemical-castration law, AB3339,
effective Jan. 1. Now, persons twice convicted of child molestation will
be inflicted with injections of Depo-Provera, a hormone that impedes sex
drive and fertility. The injections are first administered one week
prior to an individual’s release from prison.
There is no
apparent purpose to the new law except to continue to punish persons who
have already served their sentences for their crimes.
The
problems with chemical castration include the frightening prospect that
it may be administered to individuals wrongly accused, as well as doubts
about the drug’s effectiveness. Dr. Fred F. Berlin, the Baltimore
director of the National Institute of Sexual Trauma, disputes the idea
that Depo-Provera injections will simply work “pro forma” and indicates
that “it’s like a diet medication...you have to want to stop eating
too.” See Mike Lewis, “The New Castration,” California Lawyer, January
1997, at p. 21.
But even Dr. Berlin goes too far. Diet
medications suppress the appetite. If the medication is accompanied by a
desire to lose weight, there is a great likelihood that weight loss will
occur. There is no analogy with child molesters and Depo-Provera, which
has an inhibiting effect on both |
Putting to
Shame
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libido and
fertility.
Child molesters do not have
problems with their libido, they have problems with
behavior control, mental fragility and substance
abuse. They frequently come from households where
sexual abuse was common. As such, using Depo-Provera
on child molesters is akin to using penicillin for
rapists: the drug has no relation to the issues
involved and is thus ineffective.
Additionally, Depo-Provera has serious side effects
besides loss of sexual desire and fertility:
enlargements of breasts, hot flashes and hair loss.
The drug’s “victims” are subjected to embarrassing
physical changes and, more importantly, they suffer
the loss of normal and healthy sexual relationships
and the ability to have a family. Until a child
molester resolves torturing internal issues the
controlling drive to molest will continue,
regardless of whether or not they are chemically
castrated.
 ost psychiatrists believe that
chemical castration should only be voluntarily
chosen by the molester and must 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.
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The Women’s Coalition
has announced that it is currently working on “phase
two” of the chemical-castration law – the
single-handcuff law. Under this scheme, twice-convicted
child molesters would be forced to wear a single
handcuff for life upon their release from prison. The
theory is that the public would be put on notice that a
molester is among them; therefore, the public is “safe”
from such individuals, who will be publicly shamed by
the “mark of metal.”
 he proposed single-handcuff
law is inherently flawed. A child may not see the
molester or the handcuff before the attack. Molesters
could easily hide the cuff under a coat, sleeve or glove
so that the handcuff would go unnoticed by possible
victims. More important, the handcuff does not treat the
problem and, as such, it does not prevent future crime.
The Women’s Coalition’s tunnel vision and its desire to
protect society precludes it from seeing the monstrous
implication of the shame sentencing it proposes.
Shame sentencing is not the solution for child
molesters. Child molesters are not well. They have
impulse urges that tell them they must control something
smaller and more vulnerable than themselves. Their need
to control drives them to act |
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outside the law. Many of them know their conduct is illegal but still
are unable to maintain perspective of societal norms.
Shame sentencing will not change
child molesters’ behavior. To address the problem, we should mandate
that they seek treatment to address the true issues that haunt them so
that society will truly be protected. By branding these individuals for
life, we eliminate any incentive for them to seek help and change.
The proper punishment is neither phase one nor phase two of the
Women’s Coalition’s modern horror novel. The Legislature has already
determined the appropriate punishment for crimes. The Board of Prison
Terms determines which prisoners are rehabilitated to the point where
they can re-enter society and lead normal lives on parole. The Women’s
Coalition usurps these authorities and tells us that now punishment will
continue even after the appropriate sentence has been served.
The blind reliance on shame sentencing bypasses other solutions that can be
used while the child molester is still incarcerated and still safely
away from the public.
An inmate could be required to attend
mandatory and rigorous psychological counseling. The victim, often from
the same family as the molester, as well as other family members, could
be asked to attend these sessions in an open forum atmosphere to
increase awareness about the issues, to encourage the recognition of
warning signs and to trigger a venting of emotions, fears and concerns.
Inmates could be subject to perfunctory polygraph examinations
before their release to determine whether or not they are still prone to
further molests.
espite such workable solutions, the Women’s
Coalition’s punishment takes the shape not of as monstrous torture
machine, but of medical technology and visible public displays. Although
there is a clear difference in form, the similarity is retained: the
punishment inflicted is only intended to shame: it is not intended to
treat the symptoms of crime.
Shame sentencing only guarantees
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 issues at
hand are extremely difficult to resolve. Shame sentencing is a crutch
used by society when it wants protection but feels its hands are cuffed.
But society will not be protected....in the penal colony.
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