WVRSOL Opposes HB-5493 Chemical Castration or Surgical Castration for Sex Abuse Crimes Against Minors

By Philip . . . WVRSOL has provided written testimony in opposition to HB--5493 Chemical Castration or Surgical Castration for Sex Abuse Crimes Against Minors.

OPPOSITION Response to HB 5493

Creating a domestic violence registry

February 13, 2026

House Health and Human Resources and Judiciary Committee:

West Virginians for Rational Sexual Offence Laws (WVRSOL) is a West Virginia non-profit association and an affiliate of the National Association for Rational Sexual Offence Laws (NARSOL), which advocates for society’s segment that is adversely affected by the sex offender registry. We help families impacted by the registry, seek ways to maintain and improve public safety, recommend prudent use of state funding in this area, and work to ensure that proposed legislation is constitutional.

WVRSOL opposes HB 5493 as written because it raises U.S. Constitutional issues under the Eighth Amendment, as well as substantive and procedural due process, and double jeopardy concerns regarding additional punishment.

Eighth Amendment Issue – Cruel and Unusual Punishment

  • Antiandrogen therapy constitutes bodily mutilation or severe physiological alteration.
  • Lifetime hormonal suppression is disproportionate.
  • Surgical castration is irreversible and historically associated with punitive mutilation.

Relevant Supreme Court Doctrine:

  • Weems v. United States (1910) – proportionality principle.
  • Trop v. Dulles (1958) – evolving standards of decency.
  • Washington v. Harper (1990) – forced medication standards in prison.
  • Sell v. United States (2003) – strict scrutiny for involuntary medication.

Risk Level: Moderate–High (for lifetime and surgical components)
Risk Level (Felony refusal): High

Substantive Due Process Issue – Bodily Integrity

The Supreme Court recognizes a fundamental liberty interest in avoiding unwanted medical treatment.

HB-5493 differs from other states by:

  • Criminalizing refusal.
  • Not limiting treatment strictly to parole conditions.
  • Authorizing lifetime intervention.

Strict scrutiny may apply if the court characterizes the treatment as a compelled bodily intrusion.

Risk Level: High (particularly for the introduction of a refusal felony)

Double Jeopardy / Additional Punishment Issue

Because the statute:

  • Does not reduce the underlying sentence, and
  • Adds new incarceration exposure for refusal,

It constitutes additional punishment for the same offense.

Risk Level: Moderate–High

Procedural Due Process Issue –

The following issues represent procedural due process violations:

  • Indeterminate duration (“up to life”).
  • Medical candidacy determinations are delegated to experts.
  • No explicit periodic review standard in statute.

Risk Level: Moderate

WVRSOL supports legislation that works to reduce abuse and sexual offenses, help children and families, and improve public safety. Unfortunately, HB 5493 does none of these things. Therefore, we oppose and respectfully urge the House, its members, and the House Health and Human Resources and Judiciary Committee to reject HB 5493 or amend it to address the abovementioned issues.

 

Works Cited

Sell v. United States, 539 U.S. 166 (2003) https://supreme.justia.com/cases/federal/us/539/166/

Trop v. Dulles, 356 U.S. 86 (1958) https://supreme.justia.com/cases/federal/us/356/86/

Washington v. Harper, 494 U.S. 210 (1990) https://supreme.justia.com/cases/federal/us/494/210/

Weems v. United States, 217 U.S. 349 (1910) https://supreme.justia.com/cases/federal/us/217/349/

 

Click here for a PDF of the WVRSOL opposition testimony: HB-5493_2026 WVRSOL OPPOSITION