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

[keeperrox]

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...

It's been bugging me too, as stated above, and I took 3 tension headache pills earlier (caffeine=can't sleep=stupid), so I looked again. Here's what I found at Daily Kos:

http://www.dailykos.com/story/2012/08/2 ... s-to-Child

Relevant updated section says:

Info found on states that do not allow custody, with caveats. I have contacted Guttmacher to see if I can find a definitive list. Will let you know if I get a response.

It looks like the states are:

Delaware - There, the court concluded that when a child is conceived and born as the result of an unlawful sexual intercourse as defined in the code, the biological father shall not be permitted visitation. This does not violate constitutional principles.

Alaska - court may terminate parental relationship if child was conceived as a result of sexual assault, and termination is in the best interests of the child

California - reunification not provided to parent of child conceived as result of sexual assault

Connecticut - court may terminate parental rights of parent convicted of a sexual assault resulting in the conception of a child, except in certain cases of statutory rape

Idaho - court may grant termination of parental rights as to a parent who conceived a child as a result of rape

Illinois - father's consent to adoption not required if he fathered child as result of criminal sexual abuse or assault

Indiana - notice to father of adoption proceedings not required if child conceived as result of rape, incest, or sexual misconduct with a minor

Maine - court may terminate parental rights of person who conceived child as result of crime involving sexual intercourse, unless court informed that the act was consensual

Missouri - biological father's guilty plea or conviction of forcible rape of the birth mother is conclusive evidence to termination his parental rights

Nevada - father has no right of custody or visitation if child conceived as result of sexual assault unless consented to by mother and is in the best interest of the child

New Jersey - explanation not given; see West 1999

New Mexico - explanation not given; see Michie 1999

New York - explanation not given; see McKinney 1999

Oklahoma - stating that the court may terminate parental rights if the child was conceived as a result of rape

Pennsylvania - father's parental rights may be terminated if child conceived as a result of rape or incest

South Carolina - father not entitled to notice of adoption proceedings if child conceived as result of criminal sexual misconduct

Wisconsin - stating that no notice is required to the father in a termination of parental rights case when the child has been conceived as a result of sexual assault or rape; stating that parenthood as a result of sexual assault or rape is grounds for involuntary termination of parental rights

That's only 17, though, so I'm pretty sure there are still 2 alleged states where rapists don't have parental rights. (Again, I'm extremely tired and I might have missed one that's in the article.)

[notsocommon]

Problem is that these states likely require conviction before rights are terminated.... and we all know it is next to impossible to get one.

[TinyDancer87]

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.

This is sad, and exactly the opposite of what's supposed to happen. In any other incident- kidnapping, domestic violence, fraud- there is abundant support from law enforcement, and even victim advocates and assistance. But with rape? Even the most confident women are still choosing to keep silent of what has happened. Not getting proper medical treatment, and post-trauma treatment is very dangerous the the woman. Yet, it seems that our choices are becoming more and more restrictive... actually, all of our options are catch-22. Even if we try to do the right thing, we are screwed and scrutinized- all additional unwanted trauma and shame. WHO ASKS FOR THIS? Why do republicans continue to shame the victims?

BTW childless, I wasn't disagreeing. I would be tempted to hide everything too. It's just sad that me- an educated , middle-class, working woman- would be scared to come forward AS A VICTIM. What world do we live in?

[BravaAmica]

http://www.cnn.com/2012/08/22/opinion/prewitt-rapist-visitation-rights/index.html

What. The. Fuck.

These laws were instrumental in me choosing to abort the baby fathered by my rapist. I can't imagine anything worse than having to deal with the man that raped you for the rest of your life. It's like those laws from the middle ages that would force the man to marry the woman he raped. Awful, awful, awful.

[ilovetchotchkes]

These laws were instrumental in me choosing to abort the baby fathered by my rapist. I can't imagine anything worse than having to deal with the man that raped you for the rest of your life. It's like those laws from the middle ages that would force the man to marry the woman he raped. Awful, awful, awful.

Yeah, i want to say , finding this out has made me more pro choice than ever.

[Rosa]

This ties into parental consent laws, too - especially if it's abuse within the family, to do ANYTHING (abort, relinquish, parent) a woman who's still a minor has to work with her parents, who are either part of the problem in the first place or in the middle of processing their own feelings about her assault/abuse.

Like, I have a friend whose brother was part of a youth group where the leader was found to have been molesting some of the kids. Their parents STILL claim everything is fine and since the first time they asked he said nothing bad happened that's all. They kept going to that church and only had the pastor for advice/counseling about the drama. No shrink, no doctor, no police (the kids who came forward I assume got more help)

If a girl from that group turned up pregnant, even the very best parents who protected and believed her and wanted the best for her and didn't care about the rapist or judgement from church circles, would be going through all the emotions of betrayal, failure, anger, guilt, backlash from friends - all at a time when maybe that girl can't deal with their emotional shitstorm, just needs to get some support for herself. And yet many states mandate she tell them.

[Mela99]

Or their emotional sanity.

I don't disagree with any of you. That's just what the policy reflects. I think it's a load of horseshit, personally. idk how you'd deal with telling your kid he's a product of rape.

[BravaAmica]

I don't disagree with any of you. That's just what the policy reflects. I think it's a load of horseshit, personally. idk how you'd deal with telling your kid he's a product of rape.

Well, hopefully, you don't just tell your three year old, "A mean man hurt mommy and now here you are!" I'm sure mothers who choose to continue pregnancies and raise children conceived in rape tell the kids what they need to know in an age appropriate manner and lead up to the rape gradually.

[Austin]

These pro-forced-birthers are so keen on making women carry the product of rape to term, but what are they saying about this. . . uh. . . problem? In nearly every circumstance, two people who conceive a child together have the potential to be linked forever, through that child.

I know of so many children who are caught between warring parents, and these are children who were conceived as a result of a consensual relationship. That's bad enough. How horrible to be a child caught between his/her mother and his/her rapist-father! :evil:

[Handmaiden of Dog]

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

No, even in prison he may still have some parental rights. For example if you decide you want to give the child up for adoption, he will have to agree to sign away his parental rights.

He may also get visitation rights and the grandparents (his parents) may become involved. This is a little gift from the Patriarchy that keeps on giving.

[Glass Cowcatcher]

Well, hopefully, you don't just tell your three year old, "A mean man hurt mommy and now here you are!" I'm sure mothers who choose to continue pregnancies and raise children conceived in rape tell the kids what they need to know in an age appropriate manner and lead up to the rape gradually.

Because it's just that easy, right? :roll:

I' m raising two kids fathered by an abusive troglodyte, now blessedly out of the picture. They were "planned" children and the relationship was, at least as far as entering it, consensual.

There's really no good, easy way for me to explain "Daddy isn't here because he did drugs, was abusive and eventually threatened to murder us, and skipped town as soon as we left." It's not just figuring out an age-appropriate way of talking about it. It's also that even thinking about these things is a PTSD trigger.

I think the difficulties would be one hundred times worse for a women raising a child-by-rape.