Parental Rights For Rapists?
Posted by Michelle Moquin on 23rd August 2012
Good morning!
Michelle: It seems girls with similar names think alike. :)
I was going to post a write that talks about exactly what you mentioned – the number of women who become pregnant each year from being raped. I had no idea of the number but it is astonishing to know that out of almost 200,000 women who get raped each year in America, 32,000 women get pregnant each year.
Rape-related pregnancy occurs with significant frequency. It is a cause of many unwanted pregnancies and is closely linked with family and domestic violence. As we address the epidemic of unintended pregnancies in the United States, greater attention and effort should be aimed at preventing and identifying unwanted pregnancies that result from sexual victimization.
If you’re looking for hard numbers, the study concludes that the national rape-related pregnancy rate is 5.0% per rape among victims of reproductive age (12—45), and that an estimated 32,101 pregnancies result from rape each year. Does 32,000 pregnancies per annum sound “rare” to you? It’s not.
Parental Rights for Rapists?
Women’s rights advocates have paid little attention to what happens to women who bear children as a result of rape, and whether they are able to raise those children without threat from the men who raped them. But for the thousands of women in the United States who become pregnant and bear children as a result of rape each year, the need to ensure that they can raise their children without further threat from the rapist is a critical – and largely unacknowledged – concern.
Why the Inattention?
There may be several reasons for this inattention. Some may assume that this is a rare event, or be unaware that rapists may have parental rights. Some women raising children born of rape may want to keep their children’s provenance a secret. Regardless, the result has been that women in this situation typically suffer in isolation, with little coordinated women’s rights advocacy to champion their cause.
Unfortunately, this has resulted in the passage of paternity laws in every state that rarely address the concerns of mothers who wish to raise their children born of rape. The ultimate effect of these family laws is to ensure, in most situations, that a rapist has parental rights, thereby diminishing the significance of rape and ignoring the threat the rapist poses to the mother and the child.
When Rape Survivors Decide to Parent
To illustrate the problem, imagine Maria, a young adult woman who becomes pregnant as a result of a rape – one of approximately 32,000 women who become pregnant in the United States as a result of rape each year. Of those women, about half decide to terminate their pregnancies, rather than cope with the psychological torment of going through the pregnancy. Many others, for just as legitimate reasons, decide to carry the pregnancies to term and have babies. Maria decides not to terminate the pregnancy. And, like the vast majority of women who make this decision, Maria keeps her baby rather than give the child up for adoption.
Once Maria has the child, the rapist may gain parental rights depending on his relation to Maria. If the rapist is a stranger to Maria and risks implicating himself criminally, he is probably unlikely to pursue parental rights in the child. But most rapes are perpetrated by someone the victim knows.
If the rapist is Maria’s abusive husband, his parental rights are presumed upon the birth of the child. If he is an acquaintance or a former boyfriend, he may learn of the child and file a paternity action to establish his legal parenthood. Or, if Maria receives public assistance benefits, the state will pursue his paternity, unless she is lucky enough both to live in a state that exempts victims of violence from participating in such paternity cases, and she is actually informed of her right to exercise that option.
Under most state’s laws, the rapist’s biological connection to the child, regardless of its provenance – even, in many states, in the case of incest – is sufficient to gain parental rights.
At the very least, the attempt to gain legal recognition of parental rights enables the rapist to bring Maria in to court, in which she will be forced either to relive the rape in her efforts to seek justice, or to pretend it didn’t happen rather than risk a judicial violation of her privacy. And if a rapist secures parental rights, generally, parental rights guarantee a lifetime of ongoing contact between the mother and the rapist – including visitation rights, child support, and even ongoing legal disputes over custody.
And what if Maria proves to a court’s satisfaction that the child was a result of a rape? Many state laws make no provision for such a situation and thus the court may be obligated to legally recognize the rapist’s paternity.
How Should Advocates for Women’s Reproductive Freedom Respond?
I do not call for a simple legal solution, but exhort our community to recognize the problem and began working towards a comprehensive approach.
We must recognize that this is a complex issue: women raising children born of rape are not identical, and neither are their concerns. One woman – raped by an acquaintance she barely knew – raised her child to adulthood without interference, and decided when her son was grown to tell him the story of his father, a secret she had kept his entire life. Another survivor, a 14-year-old girl, decided to give up her baby for adoption. She was required by law to give notice of the adoption to the rapist, an adult man. While she was permitted by a court to give up her rights to the child, the rapist retained his and then sought child support payments from her.
Women raped by abusive husbands have children whose legal relationship to their biological fathers is presumed by law and can only be challenged by affirmative legal action on the part of the mother. Another survivor, who gave birth to twins after a date rape, raised them peacefully with her intimate partner until they were five years old, at which time the rapist learned of their existence and filed a lawsuit to establish his paternity and gain visitation rights, and attempted to use the mother’s sexual orientation against her in the legal proceedings. Women who are trafficked, whether for labor, sex work, or for marriage, who have children resulting from their sexual exploitation may face immigration obstacles that force them to remain in dangerous situations or risk losing their children.
Another complication is the well-known judicial bias against rape victims and the difficulty of “proving” a rape charge in the context of either the civil or criminal justice systems. Nationally, less than 20 percent of rape survivors report the assaults to law enforcement, but those few states that do permit courts to deny parental rights to a rapist tend to grant this exception only for cases in which the putative father is convicted of rape, and make no provision for addressing the vast majority of rapes that are not reported or prosecuted.
Interacting Rights
But the rape survivor’s perspective should not be our only consideration. Inherent in this discussion is the constitutional nature of parental rights, and whether and how those rights interact for both the mother who has been raped and the rapist who is the progenitor of the child. It is especially important to recognize the demonstrated tendency of the legal system to hold the parental rights of men of color and poor men in lesser esteem – and, for that matter, its greater willingness to view men of color as rapists and women of color as unlikely victims.
A case like Pena v. Mattox, in which a Hispanic 19-year-old man lost the right even to notice of his offspring’s adoption when convicted of statutory rape of his 15-year-old girlfriend, is alarming not only because of the obvious injustice in the situation but for the way the decision ignores the racist undertones of the actions taken against the father and how it renders the mother entirely faceless and voiceless. In the wake of that decision, commentators gave little or no attention to the situation of a mother raising a child born of rape. It is critical for us to consider a legal framework that grants justice for the mother but does not result in the perpetuation of other injustices.
For this very reason, the child’s interests must also be considered. A child’s human right to a life free of violence is of paramount concern. But denying parentage to a biological father eliminates the child’s right to financial support from that parent, ensures that the child is not recognized for inheritance purposes, and may deny that child knowledge of his or her genetic history. Advocates for women’s rights should consider and address the child’s concerns while developing a response that ensures the humanity and safety of the mother.
An Unlikely Alliance?
Finally, advocates for reproductive freedom may struggle – or see an opportunity – with the realization that on this issue, we may find allies in the fervently anti-choice. The Maryland State Legislature is considering a bill sponsored by pro-choice Democrats that would permit a court to refuse to recognize a biological father’s parental rights if the mother shows by clear and convincing evidence that the child was born of rape.
This bill is supported by the anti-choice Maryland Right to Life. As that organization proclaims on its website: “[w]omen who choose childbirth when rape results in a pregnancy should be able to do so without fearing the rapist’s involvement in decisions regarding the child’s welfare. These women need care and support, not the additional stress and burden of a rapist’s paternity rights.”
While I predict that we will come to radically different conclusions about how to approach this problem, on this, for once, we agree.
******
Allison: My comment to Talibah should’ve been addressed to you as well, as you are correct in your statement too. I am sorry what happened to you, and saddened that your mother was not a support for you. I HOPE that you are doing well.
HH: Thanks for the kudos but just in case you haven’t noticed, this is a women’s blog. I expose the plight of women, and I tout and illuminate their successes. Men, in my opinion get enough airplay in the media. That is not to say that I don’t honor great men every now and then.
With respect to men getting raped, I am not clear if you are speaking of men getting raped by other men, or women. I am well aware that men get raped by other men. But that is the point isn’t it? The heinous act is done by other men. In my opinion, women cannot rape men. You need a hard dick and if the dick is hard, he wants it from her. Hence it is not rape. I know that some disagree with me on this, but that is my stance.
Perhaps when men stop raping women, (Did you read the above stats?) and protect and stand up for women more, I might be more concerned about men getting raped by men. But when there is so much violence toward women in this world from men, I can’t say that I am having sleepless nights worrying about men getting raped.
David: I like what you said. And there are always concerns such as what Helen Pointed out.
Social Butterfly: Too cute. I got the visual – It seems you do too. :)
Zen Lill: I got your message. How about I try you tonight?
Fred: Yes, He did and His first model of a human was not quite right – Hence, He improved the model human vastly and created woman.
Donna: I cannot tell you how many times that thought has crossed my mind, but I am HOPEing and counting on there being another solution. The ball is in the women’s court. I just wish we would support each other more, take this ball, and run with it.
Marisol: No need to ask for forgiveness; I did not take your comment personally. There are many good women, white and OTW, who are in support of each other. However, you did make some very valid points and I hear and feel your frustrations as well.
Ruth: This is true, and yes all but the 1% we will most likely be screwed. And I am not even sure the 1% will survive what atrocities would occur in America and the world should Romney win. I don’t think they are aware how devastating their choices could be.
With respect to skin color, it is a factor when it comes to whites. You don’t see OTW’s saying they are better because of their skin color. It isn’t the OTW’s that are racist.
What’s been pointed out here many times is that racism and greed are what rules. When racism is that strong whites don’t think that they will be the ones affected – they just want a white man at the helm. Yes Bush got us in to this mess but did people learn or do they care? Obviously not because they want round three. Their little dicks and the other head cannot bear having a black man be the most successful president, even at the detriment of their own country.
And greed…well many in the 99% think they are going to make it into the 1% club, so they follow lock step whatever the 1% ask them to do, HOPEing and planning to join them. It will never happen but they follow anyway, blindly in my opinion, with false HOPE.
Even some OTW’s join them thinking they will be an exception – they will be the ones saved from the gas tanks, but they won’t. It will never happen but they follow anyway, blindly in my opinion, with false HOPE. (Yes, the repeat was intentional)
The 1% know this so they lie and make promises to anyone they need to; promises that they never intend to keep.
Readers: I wish I could respond to more of you but my time is up. Once gain, it is your turn. Blog me.
Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
Gratefully your blog host,
michelle
Aka BABE: We all know what this means by now :)
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