THE STATE OF SOUTH CAROLINA vs R. B.
Three men committed a brutal rape in Anderson County and were charged with criminal sexual conduct in the first degree. Following guilty pleas each was sentenced to thirty years in prison or, in the alternative, they could agree to be castrated and then placed on probation.
Mr. Henry did not represent any of the defendants at the trial stage but took the case for one of the defendants, R. B., after he was sentenced. R. B. asked the judge for the castration option and when he refused, Mr. Henry petitioned the state supreme court. Before the South Carolina Supreme Court, the constitutionality of castration was directly at issue. If R. B. won, he could have received probation – and been castrated. A majority of the court ruled that castration was “cruel and unusual” punishment. A different judge re-sentenced all three defendants to thirty year sentences.
Years later Mr. Henry appeared on a Phil Donahue program where lawyers discussed sterilization as a sentencing option and judges who had been involved in similar cases around the country.
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