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Rapist sues for parental rights - 8/23/2012 9:03:45 AM

Musicmystery

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In the vast majority of states -- 31 -- men who father through rape are able to assert the same custody and visitation rights to their children that other fathers enjoy. When no law prohibits a rapist from exercising these rights, a woman may feel forced to bargain away her legal rights to a criminal trial in exchange for the rapist dropping the bid to have access to her child.

It happened to this woman:

http://edition.cnn.com/2012/08/22/opinion/prewitt-rapist-visitation-rights/index.html?iref=obinsite

< Message edited by Musicmystery -- 8/23/2012 9:04:29 AM >

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RE: Rapist sues for parental rights - 8/23/2012 9:13:06 AM

tazzygirl

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wtf? Under what other circumstance can anyone benefit from a crime they committed?

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RE: Rapist sues for parental rights - 8/23/2012 9:55:09 AM

DomKen

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Apparently in this instance.

Sometimes I wonder if this society is worth saving. What judge would ever rule that contact with a rapist is in the best interest of a child?

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RE: Rapist sues for parental rights - 8/23/2012 10:19:27 AM

kalikshama

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That article is entirely too vague. When I get back, I'll read the paper she wrote: http://georgetownlawjournal.org/files/pdf/98-3/Prewitt.PDF

For now, I will stick with my opinion that it is very important to go to the police after being raped, despite the drawbacks of that process, to avoid the "imposter" rape victim label.

If I were a judge or jury, I would give great consideration to the presence or absence of a police report.

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RE: Rapist sues for parental rights - 8/23/2012 5:41:10 PM

kalikshama

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This article is more specific:

Mothers Battle Rapists' Custody Claims

Attackers sometimes seek custody of children they've fathered. And the law isn't always on the mothers' side.

Shaunna Prewitt says that as as 21-year-old student at the University of Chicago, she was raped. She became pregnant, and decided to carry the pregnancy to term. Some months after her daughter's birth, much to her surprise, her alleged attacker (who was not charged) served papers seeking custody of the child.

Like most people, Prewitt had never considered the possibility that her alleged attacker could — or would want to — seek parental rights over the child that was conceived as a result of his crime. Alarmed by and suddenly aware of the limited legal protection afforded to mothers who choose to give birth to children conceived out of rape, Prewitt enrolled in Georgetown Law School, where she wrote a paper on the topic.

Nineteen states have laws restricting the parental rights of men who father through rape. But everywhere else, those men may technically seek parental rights, including visitation and custody.

Without statutes stripping rapists of parental rights, "courts don't feel they have the power to terminate," Prewitt explains. "They're left to delicately balance this presumption that both parents should be part of a child's life."

In some cases, says Prewitt, men can use this legal loophole as a kind of blackmail.

"We see a lot of cases where fathers through rape have sought custody rights, but I don't know that they want to have a sincere involvement in the child's life. They will say, if you don't pursue criminal charges, I won't seek custody." Given the choice between definitely maintaining sole custody of their child or possibly seeing their attacker convicted, most women will choose the kid.

Read more: http://www.buzzfeed.com/hillaryreinsberg/mothers-battle-rapists-custody-claims

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RE: Rapist sues for parental rights - 8/23/2012 6:24:44 PM

tazzygirl

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quote:

Nineteen states have laws restricting the parental rights of men who father through rape. But everywhere else, those men may technically seek parental rights, including visitation and custody.

Sounds like a good reason to move.

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RE: Rapist sues for parental rights - 8/24/2012 9:29:16 AM

Restyles

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I thought women couldnt conceive when they were raped?

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RE: Rapist sues for parental rights - 8/24/2012 12:43:39 PM

tazzygirl

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Keep thinking that

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RE: Rapist sues for parental rights - 8/24/2012 12:57:21 PM

kalikshama

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RE: Rapist sues for parental rights - 8/24/2012 6:12:34 PM

tweakabelle

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quote:

kelikshama
Nineteen states have laws restricting the parental rights of men who father through rape. But everywhere else, those men may technically seek parental rights, including visitation and custody.

Sometimes words fail me and this is one of them. It is beyond barbaric that a rapist might have rights over those of the child's mother. One could reasonably conclude that the object is to punish the poor women as much as possible. The effect of this 'loophole' is to legitimate rape.

Why does the law, which is supposed to protect the victim, lend itself to such abuse? And why the silence from those who insist that abortions are evil even in cases of rape and incest? While not a relevant factor in this particular case, this type of appalling outcome is the logical conclusion of their uncompromising position.

< Message edited by tweakabelle -- 8/24/2012 6:20:23 PM >

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RE: Rapist sues for parental rights - 8/24/2012 11:15:19 PM

farglebargle

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I almost feel that we need to teach our daughters that it's better to die at the hands of a rapist with the chance of killing or maiming them, than to survive and let their attacker get away unharmed.

That way, there won't be ANY more bullshit arguments about consent and 'legitimacy'. The victim managed to gouge out the murder's eye before he killed during the rape... Straightforward enough for any jury to understand.

< Message edited by farglebargle -- 8/24/2012 11:16:25 PM >

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RE: Rapist sues for parental rights - 8/25/2012 1:38:26 AM

nephandi

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Greetings

I am going to take a bit of a controversial stance here so please forgive any offense. I feel that if a man is convicted of the rape that lead to a pregnancy then off course his claim to the child is null and void and he should not get to see the child or have any rights over it what so ever. However it is mentioned rapists that say that if the women do not testify against them then they will drop visitation rights to the child, that would indicate men who are not convicted yet and that is a whole other ballgame. If a man is merely accused of a crime then off course he should not loose rights to his kids.

Now do not get me wrong, men that rape, or women that rape for that matter is the scum of the earth and those that try to then have anything more to do with their victim or a child conceived through such an act are even more despicable, I feel for these women I do, however unless the man is found guilty in a court of law there is not really that much you can do. Now if the law give these fathers rights after they have been found guilty then the law is insane, but before he is found guilty I support visitation.

I wish you all well

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RE: Rapist sues for parental rights - 8/25/2012 1:55:02 AM

DaddySatyr

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If it were under my system of justice, rapists would absolutely have parental rights but that's assuming they live through the lethal injection, electric chair, firing squad and ten minutes alone in a room for the victim and each family member.

After that, 20 years in prison and then the child that they fathered would be allowed that same ten minutes in that same empty room.

On a strange twist, though, wasn't there a female school teacher that became pregnant by a student that she was convicted of raping (statuatory)? I'm pretty sure there was.

I could be wrong about the rest of this but, didn't the father try to sue for custody and was denied? My memory on the issue is hazy but it raises some interesting questions vís-à-vís the topic of this thread.

So, let's assume my memory is wrong:

If the rapist is female and she becomes pregnant, would she abdicate the same rights that we all seem to agree a male relinquishes by nature of the crime?

Obviously, there can be no doubt that she is the biological mother of the baby. Maternity isn't in question so, that's out.

I'm not saying that rapists should have any rights. Personally, I think we're better off rid of them but, if we're going to make law, should we make sure that it's a law that takes both genders into account, equally.

Surely, while there may be some precedents, here, we are, essentially, "making new law" because it's fairly un-chartered territory in that it's not "common practice" to either allow or deny parental rights to a rapist because it hasn't come up very often.

Peace and comfort,

Michael

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RE: Rapist sues for parental rights - 8/25/2012 2:01:41 AM

nephandi

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Greetings

I do not think that a sexual relationship between for example a 20 year old and a 16 year old should be considered rape as long as all concerned is consensual. For 15 and up it might be illegal but I think it is stupid to call it rape. If a woman actually rape a man however, and yes that happens it is physically possible unlike what many thinks, then yes the same rules should apply to hear as with a male rapist, the raped parent should get custody of the child if they are willing to accept the responsibility and the rapist should loose parental rights if they are found guilty no matter if they are male or female.

I wish you well

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RE: Rapist sues for parental rights - 8/25/2012 9:32:29 AM

kalikshama

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quote:

I am going to take a bit of a controversial stance here so please forgive any offense. I feel that if a man is convicted of the rape that lead to a pregnancy then off course his claim to the child is null and void and he should not get to see the child or have any rights over it what so ever. However it is mentioned rapists that say that if the women do not testify against them then they will drop visitation rights to the child, that would indicate men who are not convicted yet and that is a whole other ballgame. If a man is merely accused of a crime then off course he should not loose rights to his kids.

In Shaunna Prewitt's case her rapist was not charged. I don't know if that means she declined to press charges or the state did. In a case she mentions in her article, H.H. vs. S.M., the court found insufficient evidence to conclude her child was conceived via rape (pages 831 and 832). I was not able to dig up more information on this case so don't know what's going on here.

I can understand why a woman who is raped would not want to endure an investigation and trial. However, if she becomes pregnant and chooses to keep the child, she should press charges in the interest of protecting the child from the father.

And the laws should be changed. But what do the laws actually say?

in the vast majority of states -- 31 -- men who father through rape are able to assert the same custody and visitation rights to their children that other fathers enjoy.

Does this refer to convicted rapists? Is there a specific law on the books or just the absence of one?

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RE: Rapist sues for parental rights - 8/30/2012 5:27:50 PM

Silentrunner26

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To raise money to feed the poor and help people get back on their feet lets have ... The Rapist Games ! When someone is convicted of rape they are put in the games . Kinda like Running Man but with the mom and dad as the Hunters . Sell tickets have it on live on Pay per View . If parents don't want to or can't do the games we raffle off their spots . Make it a 5 day event so the fun last . Every time one gets caught the get to visit Mr.Fun the resident Sadist . Yes six fun filled hours with whips chains and other fun things . Yea I crossed the line and need to crawl back into my warm little corner again . Be well all .

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RE: Rapist sues for parental rights - 8/30/2012 5:50:58 PM

Baroana

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quote:

ORIGINAL: kalikshama

quote:

I am going to take a bit of a controversial stance here so please forgive any offense. I feel that if a man is convicted of the rape that lead to a pregnancy then off course his claim to the child is null and void and he should not get to see the child or have any rights over it what so ever. However it is mentioned rapists that say that if the women do not testify against them then they will drop visitation rights to the child, that would indicate men who are not convicted yet and that is a whole other ballgame. If a man is merely accused of a crime then off course he should not loose rights to his kids.

In Shaunna Prewitt's case her rapist was not charged. I don't know if that means she declined to press charges or the state did. In a case she mentions in her article, H.H. vs. S.M., the court found insufficient evidence to conclude her child was conceived via rape (pages 831 and 832). I was not able to dig up more information on this case so don't know what's going on here.

I can understand why a woman who is raped would not want to endure an investigation and trial. However, if she becomes pregnant and chooses to keep the child, she should press charges in the interest of protecting the child from the father.

And the laws should be changed. But what do the laws actually say?

in the vast majority of states -- 31 -- men who father through rape are able to assert the same custody and visitation rights to their children that other fathers enjoy.

Does this refer to convicted rapists? Is there a specific law on the books or just the absence of one?

I have not looked it up, but the label "men who father through rape" to me implies conviction. Otherwise, who's to say it was a rape?

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RE: Rapist sues for parental rights - 8/30/2012 6:46:38 PM

DaddySatyr

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I wonder if we're talking about "legitimate" rape here or the other kind?

Peace and comfort,

Michael

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RE: Rapist sues for parental rights - 8/30/2012 6:57:18 PM

kalikshama

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quote:

I have not looked it up, but the label "men who father through rape" to me implies conviction. Otherwise, who's to say it was a rape?

The man who raped the author was not charged and therefore is not a convicted rapist.

I can sympathize with women not wanting to go through the court system after being raped...but don't think they are still entitled to the same protections they would have been extended had there been a conviction.

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RE: Rapist sues for parental rights - 8/30/2012 6:58:46 PM

Musicmystery

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So she can sue for child support, right?

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