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Sunday, December 16, 2012

Law - "Do Rapists Have the Right to Parent Children Conceived in Rape?"

This August 23, 2012 ILB entry is headed "Denying rapists parental rights snarls panel." It quotes a NWI Times story that began:

A General Assembly study committee learned Wednesday that changing Indiana law to prohibit a rapist from having any contact with a child produced by his or her crime is not as simple as it might seem.
An August 28th Fort Wayne Journal Gazette editorial began:
Most Hoosiers were as shocked as legislators earlier this year when they learned that in Indiana, rapists retain parental rights over children conceived by their violent crime. State lawmakers are finding it nearly impossible to right this blatant wrong. But it can be done. At least one other state shows what at a minimum is possible.

In Indiana, if a rape victim who became pregnant because of sexual assault chooses to give birth, she can find herself being victimized by her rapist a second time when he seeks parental visitation rights or even custody. It’s revolting, but rapists retain their rights in at least 27 states, including Indiana.

This week, Sherry F. Colb, Professor of Law and Charles Evans Hughes Scholar at Cornell University, posted the first of a two-part series in Justica's Verdict, under the heading "Do Rapists Have the Right to Parent Children Conceived in Rape?" Here is the link to Part 1. Part 2, on "How do state laws handle rapists’ claims of parental entitlements?" will follow on Dec. 19th.

Posted by Marcia Oddi on December 16, 2012 11:36 AM
Posted to General Law Related