Advertisement

Crime and Punishment: Genitourinary Mutilation as a Legal Sentencing

Abstract: FRI-15
Sources of Funding: None

Introduction

Genitourinary organs have played a notorious role in both crime and legal sentencing throughout history. Criminal activities including adultery, rape, and child molestation have been met with legally enforced castration and penile amputation. We aimed to provide a comprehensive review of criminal punishment as it relates to urologic structures.

Methods

A Pubmed and Medline review of literature concerning criminal sentencing as it relates to urologic organs was completed. Further research was then conducted using various primary resources, periodicals and encyclopedias detailing those events.

Results

Throughout ancient cultures, sexual mutilation was an accepted punishment for many criminal activities. Chinese law in the Dynastic era included Five Punishments, all of which involved physical mutilation. One of them, termed Gong, was a penalty for promiscuity or adultery and involved the removal of the testicles and penile shaft. Penile amputation was also utilized as punishment for licentious behavior during the Japanese Heian period. Punitive genital mutilation, however, is by no means confined to ancient history. Currently, eight states allow for chemical and/or surgical castration of incarcerated persons seeking rehabilitation for child molestation. The requirements for castration include that the criminal request surgery, that informed consent is obtained, and that castration cannot be coerced via threats or inducements. Other countries are not so enlightened as to ask permission prior to castration. Indonesia recently enacted legislation allowing for castration of men convicted of rape despite objections from the Amnesty International. Occasionally, however, the crime involves genital mutilation and the punishment is withheld. In Thailand from 1973-1990s, over 100 assaults involving penile amputation were reported with only a hand full of prosecutions for those committing the acts. Most amputations resulted from wives of husbands who were abusing them or committing adultery. Many husbands never filed charges and for those who did the Thai court system most often sided with the female defendant.

Conclusions

While criminal acts involving removal of genitourinary structures have been reported for centuries, it is troubling that some legally approved urologic mutilations are still prevalent in society. Despite the objections of human rights organizations, castration continues to be a legal punishment across the globe, including within the United States.

Funding

None

Authors
Matthew Goland-Van Ryn
David Ahlborn
Jeffrey Stock
back to top