Rape is a crime that Americans hear very little about, yet everyone knows that such acts occur frequently. Rape is a very personal form of violence that continuously impacts the victim for years after it occurs, if not for the rest of the victim’s life. The effects of rape, short-term and long-term, can be catastrophic for the victim, causing them physical and psychological damage (Gluck, 2016). I believe that by using the Rational Choice Theory, rape can be eliminated in today’s society by the use of castration as a punishment for offenders and as a deterrence for possible future offenders.
Rape has been an ongoing issue within society for centuries. In early times, men raped women for reproductive purposes. Today, it is still believed that men rape in order to reproduce, but mainly in order to show power and dominance towards women (Thornhill & Palmer, 2000). The Rational Choice Theory (RCT) states that humans base their choices and behavior on rational calculations, they act with rationality when making choices, and their choices are based on pleasure or profit (Loewenstein, Nagin, & Paternoster, 2010). By applying castration to the Rational Choice Theory, I believe that men will begin weighing the consequences of this crime and see that the consequences are far greater than what they may benefit.
Rape is defined as forced sexual intercourse including both psychological coercion as well as physical force (Rape and Sexual Assault, 2017). According to a study released in 2017 by the Bureau of Justice Statistics, in 2014, there were 284, 350 people in the United States who had been raped or sexually assaulted. Yet, in 2015 there were 431,840 people in the United States who had reportedly been raped to sexually assaulted, showing a significant increase in this crime.
The purpose of my paper is to assess the use of castration as a permanent deterrence of rape by using the Rational Choice Theory. I achieve this by discussing rape and castration, explaining how the use of castration according to the Rational Choice Theory would deter rape, and by analyzing cases where castration has been applied.
Literature Review
Russell (1997) informs that there are two forms of castration: chemical and surgical. According to Chism (2013), the oldest and most effective approach to controlling deviant sexual urges and reducing recidivism rates of male sex offenders is surgical castration. This is partially backed up by the data given by McMillian (2014), who composed a study of 104 men, revealing the recidivism rate as 3% for those who had been castrated compared to 45% with those who had not. Cauley (2014) identified cases where surgical castration has been used nationally and in the United States, showing that castration is quite effective.
Lee, Kang, Ji, Baeck, Lee, & Oh (2013) informs that in Korea, a chemical castration law was passed in 2011, which targets child molesters who have reoffended. The law is intended to prevent offending and rehabilitate offenders. Decisions to commit crimes such as rape or other sexually motivated offenses, are often made under the influence of visceral feelings such as anger or sexual arousal, as stated by Loewenstein, Nagin, and Paternoster (2010); rational choice models of decision making assume that individuals can anticipate, in an unaroused state, their responses to such instinctual feelings.
Discussion
In the United States, required surgical or chemical castration is something that is not really considered as a form of punishment or a method of rehabilitation for sexual offenders. The reason for this is due to the fact that some believe it is a cruel and unusual punishment. Some states in the U.S. do allow castration, yet it is on a voluntary basis only. Other methods such as therapy, strict parole, or home confinement with GPS monitoring are often used (Police Magazine, 2014).
Rape and Castration Identified
Rape is defined by Rape and Sexual Assault (2017) as being forced sexual intercourse including both psychological coercion as well as physical force. The most common victims of rape are typically females, someone who is under the legal age of consent, or someone who is incapable of giving consent due to mental illness, mental deficiency, intoxication, or unconsciousness (Merriam- Webster, n.d.). Due to high recidivism rates of sexual offenses, many are asking for the inclusion of chemical castration as part of the punishment process (Health Research Funding, 2014).
Russell (1997) informs that castration can be performed in two ways; through the use of medication or by surgically removing the testes. Chemical castration is performed by taking a class of drugs called anti-androgens in tablet or injection form, which work by reducing the natural levels of hormones that create a sexual drive (Health Research Funding, 2014). In 2011, North Korea introduced a chemical castration law which is intended to prevent offending and rehabilitate offenders by the use of a Leuprolide injection, which is a gonadotropin drug used to decrease testosterone production and suppress libido (Lee, Kang, Ji, Baeck, Lee, & Oh, 2013).
Surgical castration, also known as an Orchiectomy, involves the removal of the male testes (Russell, 1997). Russell (1997) also states that “Common side effects of surgical castration, such as hot flashes, lethargy, a slight decrease in muscle mass, and softening of the body, are due to very low levels of testosterone.” Surgical castration is a permanent and an irreversible operation, used in cases such as that of Larry Don McQuay.
In the United States, there are seven states which will allow voluntary chemical or surgical castration of sex offenders. These states include Montana, Wisconsin, California, Florida, Iowa, Louisiana, and Texas (Cauley, 2014). Cauley (2014) also states that European countries such as Switzerland, the Netherlands, Germany, Norway, Denmark, Sweden, Finland, Estonia, Iceland, Latvia, and the Czech Republic commonly use castration as punishment for sexual offenders.
Application of Rational Choice Theory
The Rational Choice Theory, or RCT, states that humans base their choices and behavior on rational calculations, they act with rationality when making choices, and their choices are based on pleasure or profit (Loewenstein, Nagin, & Paternoster, 2010). They believe that the decision to commit crimes are often made under visceral feelings such as anger or sexual arousal. Rational Choice Theory assumes that individuals can anticipate their actions and responses to instinctual feelings and are capable of weighing the costs of unlawful actions.
Studies have found that actual behavior or intentions to commit illegal acts are affected by instrumental considerations as the believed formal and informal costs of the act, expectations of loss of self-respect or esteem, perceived moral costs, and the expected rewards and benefits of offending (Loewenstein, Nagin, & Paternoster, 2010). Many criminal acts, particularly if they are violent, involve the arousal of powerful emotions such as fear, excitement, lust, and anger (Chism, 2013).
If castration were a possible punishment of rape or other sexual offenses, using the Rational Choice Theory, men would weigh the consequences, along with the profit, and see that what they would lose, would not be worth what they feel they may gain. Some may believe that castration is a bit over the top, but I believe that it is just the thing, and the case of Larry Don McQuay backs that up.
Case Analyzed
The case I have specifically analyzed is the case of Larry Don McQuay. McQuay at the time the report was released by Tyler White with the San Antonio Express News in 2016, was a 52-year-old male who worked as a bus driver at SeaWorld while living in Bexar County, Texas (White, 2016). He was a sex offender who pleaded to be castrated following two child sex assault convictions; the first in 1990 and the second in 1997. After his second conviction, he asked to be castrated.
McQuay made claims that he had molested children more than 240 times and would do so again, going as far as killing his victims, in order to keep them from identifying him to the police (Cauley, 2014). He believed that the surgery would reduce his urges and reduce the likelihood of reoffending. He was surgically castrated in 2005. McQuay was released after serving 11 years of a 20-year sentence (White, T. 2016).
As of today, McQuay is a productive, as possible, member of society who is able to go to job interviews, work, medical appointments, and other parole approved activities (Cauley, 2014). He was quoted as saying “I fully believe the surgery worked. I do not have the impulses, nor the desires, I once had. I will live a normal life.”
Conclusion
Through research, I found that castration is a rather controversial topic. Some believe that it is an infringement on individual rights and that it is a form of cruel and unusual punishment. Regardless, I know I would rather have some of my individual rights taken away if that meant my safety from such a disturbing crime.
I believe this paper contains a strong argument as to how castration could be used as a deterrence and as a punishment for sexual offenders. This paper is weak in the area of not being able to produce multiple cases where castration has been used as a punishment. I believe this is so due to the nature of this topic. In the future, if I or someone else, were to research more into castration, I believe that it should be looked at from the same perspective but more into the individual rights side of things. The question should be, “If castration works, then why is it not commonly used?”
In conclusion, I feel that this paper is important because the information I have been able to provide, shows that castration does work. It is capable of making a sexual offender a productive member of society, with little to no unwanted sexual impulses or desires.