In the agreement of a plea, the offender, who attempted to commit a heinous act against a 7-year-old, consents to undergo castration.
In a shocking turn of events, Thomas Allen McCartney, a 37-year-old resident of Leesville, Louisiana, has pleaded guilty to attempted first-degree rape of a child under the age of 13. This latest crime follows a series of disturbing convictions, including aggravated rape and carnal knowledge of a juvenile, for which McCartney served time in prison.
Prior to his latest arrest, McCartney was a Tier 3 sex offender in Louisiana, the highest level of sex offender classification. As part of his plea deal, McCartney agreed to undergo physical and chemical castration, a measure that Louisiana law allows for certain sex offenders convicted of aggravated sex offenses involving victims under 13 years old.
Louisiana's laws on castration are unique. Both chemical and surgical castration are legally permissible punishments for such offenders, with the former involving the temporary reduction of sex drive through pharmaceutical drugs, and the latter involving the permanent removal of testicles or ovaries. Surgical castration is a much more extreme measure, but it can be imposed by the courts in addition to other criminal sentences for aggravated sex offenses against children under 13.
The Department of Public Safety and Corrections oversees and administers the surgical procedure through a licensed physician. While the law does not explicitly detail procedures for utilizing castration as a negotiated term in plea agreements, its authorization as a sentencing option implies courts may incorporate it if the offender agrees or if it is offered as part of a plea negotiation.
Vernon Parish District Attorney Terry Lambright described the crime committed by McCartney as horrific. He stated that McCartney is a predator who needs to be locked away from the community. In line with this, McCartney agreed to serve 40 years in state prison as part of his plea deal.
This case highlights Louisiana's tough stance on child sex offenders. The laws aim to deter repeat offenses by instilling fear of severe physical consequences. However, it's important to note that chemical castration, though allowed since 2008, is rarely applied by courts in practice.
In conclusion, Louisiana law provides legal grounds for castration as punishment for repeat, serious child sex offenders. The application in plea deals would follow general judicial sentencing discretion but is not expressly codified. This case serves as a reminder of the severity of child sex offenses and the efforts being made to protect the community from such predators.
[1] Source: Louisiana Revised Statutes section 15:541, Department of Public Safety and Corrections.
