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Rapists Can Assert Child Custody in 27 States

New York, Minnesota among states that offer no protection to victims

By Neal Colgrass,  Newser Staff

Posted Aug 25, 2012 4:37 PM CDT

(Newser) – Think Todd Akin's comments about "legitimate rape" were medieval? Even scarier, and less-discussed, is the fact that many US states allow alleged rapists to apply for parental rights of children conceived by sexual assault, write Dana Liebelson and Sydney Brownstone at Mother Jones. "It sounds unfathomable," they write, but rapists can "assert their parental rights and use custody proceedings as a weapon against their victims."

At least 27 states, including Arizona, Minnesota, New York, and Mississippi, offer no protection for mothers of children conceived by rape. Some states, like Maryland and Missouri, were shocked to find no rule in the books and managed to pass laws. Other states have partial laws, like protecting the mother if her rapist is convicted. "Part of the problem is that many rapes go unprosecuted," write Libelson and Brownstone. "Only 9 out of every 100 rapes are prosecuted and just 5 lead to a felony conviction," according to one count. Click for the full article.

A rape victim, who may find her attacker can assert parental rights over their child.
A rape victim, who may find her attacker can assert parental rights over their child.   (Shutterstock)
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COMMENTS
Showing 3 of 78 comments
realtruth
Aug 28, 2012 11:04 AM CDT
Why jump to the conclusion that all rapist are evil low life murdering thugs?? In many cases where the rape was marginable forced “ Say Drunk College Kids” He might be a better parent than the mother   There are benefits of this.. For example he could be forced to pay child support..  Some Dad’s may become a excellent True Dad as he matures and from the experience of the whole terrible fiasco..
MarkFL
Aug 27, 2012 4:32 PM CDT
This article is a little misleading. A custody hearing is a protection in itself so one cannot say that these women have no protections. Just because the law does not specifically ban something does not mean that it is actually happening and that people are powerless against it. If a rapist seeks custody they have to argue in court. While this would be crazy if it happened, women do not just automatically lose their children to a rapist. The rapist would have to prove that they are deserving of custody and the fact that they raped the mother would surely come out in trial although it may not be admissible. Rape is hard to prosecute but proving that you deserve custody is tough too.
XYandZ
Aug 26, 2012 5:25 PM CDT
What ticks me off about the "rape" controversy is the hypocrisy.. women have no issue laughing/taking lightly when women teachers rape underage boys, when women lie about rape to get attention or revenge, they laugh with angry wives genitally mutilate their husbands..
 

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