Chemical castration: this is what the bill presented to Congress says

The bill amending the Penal Code for the prevention and punishment of “crimes against sexual liberty and indemnity”, which includes chemical castration for rapists, is in the hands of the Congress of the Republic, after being presented by the Executive Branch on 21 April. But what does this bill 1761 propose?

CHANGES PROPOSED BY THE BILL

The amendment of articles 170, 171, 172, 174, 175 and 368 of the Penal Code is occasionally considered.

It is proposed that the judge impose as an accessory penalty against rapists chemical castration or specialized medical treatment to reduce the sexual libido of the convicted person, who will be executed after the completion of his time in prison.

Annually, the judge shall request the report of a medical board with the physical and mental evaluation of the convicted person in order for this court to evaluate the continuity of the application of medical treatment or chemical castration.

IN WHAT CASES DOES IT APPLY?

Chemical castration would be applied in cases of rape, rape of a person in a state of unconsciousness or in the inability to resist, rape of a person in inability to give his free consent, rape of a person under authority or surveillance and rape by deception.

If the convicted person refuses to receive medical treatment, he/she shall be punished with a term of imprisonment of not less than five years or more than eight years.

Those responsible for regulating the law within 90 days of its entry into force are the Ministries of Justice and Human Rights, Women and Vulnerable Populations, Health, and Economy and Finance

The bill was sent to Congress along with a letter signed by President Pedro Castillo, and the head of the Ministerial Cabinet, Aníbal Torres, addressed to the head of Parliament, María del Carmen Alva.

BACKGROUND

The Executive Branch indicates that, according to the information register of the Directorate of Sexual and Reproductive Health of the Ministry of Health, in 2019, 564 victims of rape were treated with the sexual emergency kit; in 2020, 1,325; and in 2021, 2,519.

It also mentions that, according to the Public Prosecutor's Office Observatory, in 2000 there were 5,378 complaints of rape and in 2017 there were 23,999 figures that have been increasing.

It also warns that by January 2018 the sexual rape of minors was already in second place, only after the aggravated robbery.

“Faced with this, the punitive response of the State cannot be limited to the serving of sentences of deprivation of liberty that, after their fulfillment, do not necessarily prevent the recidivism of these serious crimes,” argues the Executive.

On the other hand, he argues that the proposal for chemical castration is based on the parameters of the constitutional balance of rights. Along these lines, it considers that, although the measure restricts some sexual faculties, it does not suppress sexuality. It also emphasizes that the measure is subject to periodic medical evaluation and would favor the reduction of recidivism of crimes harmful to society.

This is the bill submitted to Congress:

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