Rape Aftermath: Child Custody And Control

Can a Rapist Obtain Custody and Visitation of a Child Conceived Through Rape?

rapeVery few states have statutes limiting the ability of a man who fathered a child through rape from asserting his parental rights.  Rape and its aftermath is a serious and significant problem faced by our country.  Though many rapes go unreported, it is estimated that roughly 25,000 women become pregnant through rape each year. A significant amount of women who become pregnant through rape each year choose to raise their children.  Despite this, surprisingly little statutory protection exist for these women who chose to raise their children.

Statutory Protections Limited In Rape Parental Rights

Every state imposes criminal sanctions for rape. However, only sixteen states have promulgated statutes which aid women who became pregnant through rape and decided to raise their children. A man who fathers a child through rape has the same rights as any other father with respect to their children. Even in states offering some kind of statutory redress, the protections are typically quite limited. Several of the states with statutes offering redress require a conviction before there will be a termination of parental rights or a denial in visitation.

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