In 31 states in the US rapists can sue for parental rights

[ilovetchotchkes]

http://www.cnn.com/2012/08/22/opinion/p ... index.html

What. The. Fuck.

[JMarie]

I saw this on CNN this morning. Is there a list of states, with how they stand on this issue, anywhere on the Internet?

[ElphabaGalinda]

I didn't know about this. It makes me a little sick. And so many states too.

[sparkles]

Sometimes my anger just makes me want to cry.

[luckystone]

That is horrific. I had heard about that but I didn't realise it was so many. What does the law say exactly? Does it just not exclude them, or does it specifically include them? Would any judge actually give it (actually, some probably would), or is it the fight that they want to avoid?

I realise it's a difficult issue because somebody might allege rape to get the father out of the picture, but I think that's less likely than...you know, a woman being raped and wanting her child away from the rapist.

That poor woman.

[Gil]

How revolting.

[YPestis]

What's worse is that victims who choose to keep their child may end up being connected to their rapist for the rest of their life. If anything, this would give most women pause about carrying the child to term. Not only do they have to contend with having a living reminder of their rape, but they may have to actually deal with their rapist for the rest of their life. Then again, martial rape occurs too. If we make it so that the father of any child borne of rape will have their parental rights severed would result in a huge change in family law. A women who successfully proves that her husband has raped her which resulted in their children could get the father's rights terminated. I don't think that turn of events have ever occurred.

[ILoveJellybeans]

Thats awful, why would anyone think this is a good idea?

Rapists do not make suitable parents, and should not be allowed near kids, even if they fathered them through raping someone. Its putting the child in danger, as a rapist obviously isnt a good role model, and may hurt the child. If I had a kid, I would not want a rapist watching my child, even if they had never hurt children before.

It is also really unfair on the mother to have to see their rapist and let their child meet them. Rape is a traumatizing experience, and having to relive it all by having to be in regular contact with them is just wrong.

Im all for both parents having access to their children, but this is different, if the parent is dangerous (like if theyre a rapist, pedophile or have been violent towards the child or the other parent), they should not be allowed around their child.

[SpeakNow]

In a perfect world all of these rapists would be in prison anyway so parental rights would be a moot point.

[Kitty]

One of the biggest indicators that someone will abuse their children is if they abuse their partner. You can't get much more abusive than rape, unless you count outright torture and murder.

I'm with ILoveJellybeans on believing that no rapist could ever be a suitable parent or caregiver, period.

[Coconut Flan]

Move to Cali. The law banning rapists having custody was passed in 1992 I think.

I'm still shaking my head. How can anyone not see that it's completely backwards and wrong to even contemplate giving a rapist custody to the child?

[doggie]

sometimes I wonder about America. But can the woman sue for child support or is it only one way?

[Coconut Flan]

In fairness child support goes along with it, although I encountered one case where the rapist sued for custody AND child support. Talk about grounds for wanting to wipe him off the face of the earth and I don't believe in committing murder.

[Mela99]

Law Student's 2 Cents: In family law, this was discussed and the reasoning behind it is mostly children needing two parents is more important than anything else.

[Glass Cowcatcher]

Law Student's 2 Cents: In family law, this was discussed and the reasoning behind it is mostly children needing two parents is more important than anything else.

God I wish this myth would die already.

[desertvixen]

God I wish this myth would die already.

This. One stable parent is better than 2 with issues. What matters is that kids have adults they can count on that love them.

[pixydust]

Law Student's 2 Cents: In family law, this was discussed and the reasoning behind it is mostly children needing two parents is more important than anything else.

Needing 2 parents is not more important than their safety.

[Glass Cowcatcher]

Needing 2 parents is not more important than their safety.

Or their emotional sanity.

[Rosa]

The average prison time served for rape is so low, it wouldn't affect parenting very much.

[Childless]

If I were to get pregnant from a rape, I'd do everything in my power to hide the fact that I was pregnant. I would probably abort a pregnancy that resulted from rape, so I'd just keep my mouth shut. But, if I were to carry to term, I'd move so the rapist wouldn't know. I'd even go so far as to have a male friend sign the birth certificate as the father just to avoid a custody battle with the rapist. There are ways to get around the law if you're smart about it.

[Rosa]

but they all involve not prosecuting. If you were in court, he'd figure it out.

[keeperrox]

Okay, it's late and I'm exhausted, so even though I read the entire article, I very well could have missed it. What are the 31 states where this is legal? Or better yet, what are the 19 states where rapists don't have parental rights?

[tanksmom]

Many years ago I worked in for a domestic violence shelter at the college I attended. I can remember 2 cases where I held the hand of women how had been raped but chose to keep the fetus/resulting child as they fought in court to not allow the rapist contact with the child. In many cases it does result in blackmail for the victim. In other words the defense lawyer will flat out say to the victim "if you drop these charges we won't go after parental rights" This is ridiculous and pisses me off to no end that the courts allow this.

So many of the right wing proclaim that any offspring is a blessing without acknowledging that by having this child will not only tie the woman (an actual living, breathing human being who has the right to make their own decision) forever to their rapist, but also allow the rapist, a criminal!, to blackmail the woman into dropping or reducing the charges in exchange for not stopping or interfering in the plans that she makes for her future. Want the father to sign off on the adoption...drop the charges. Want to cut of parental rights...drop the charges. Want to move on with your life...drop the charges!

Add to this that some people are more then happy to still blame the victim for what happened to her and give her "helpful" advice to avoid it in the future. Yeah, I''m sure that she realized that she should have taken a friend to the party with her and never put her drink down where she couldn't see it. Doesn't change the fact that some a-hole decided to have sex with someone who wasn't in the position to refuse much less consent. Here an ideal f*ck-nut, if you can't hold a coherent conversation with someone you shouldn't have sex with that person. And if you can't resist having sex with someone passed out that is YOUR problem, not the problem of the person who got caught up in a potentially bad situation!

Sad to say that more people in the general public are more than happy to make excuses to the male rapist then to sympathize with the female victim. And this is why the current GOP/Republican party scares the shit out of me.

[lilah]

Not to mention that the GOP is doing everything it can to reduce government services that many single moms and their kids benefit from. Further proof that they're only pro-life until you're out of the womb. Have fun raising that little blessing whilst boostrapping!

Or maybe they want to more women to put babies up for adoption. I jest about how pro-lifers should have to foster or adopt childen who need families before they start worrying over fetuses but then I wouldn't wish any kids on Akin. I feel sorry for his daughters.

[Maggie Mae]

I've been looking for hours (well, I did a few google searchs but my job required I actually do some work) for the actual list of states, as it was mentioned on another message board and most of the responses are "typical liberal propaganda." So if anyone has better google skills...