Citing Ariel Castro, new bill would strip rapists of custody rights

[Tx4obama]

Citing Castro, new bill would strip rapists of custody rights

(CNN) - After a judge denied Cleveland kidnapping suspect Ariel Castro’s request to see the 6-year-old daughter authorities say he fathered with one of his victims, a bill introduced on Capitol Hill earlier this week would strip convicted rapists of their parental privileges and custody nationwide.

Called the Rape Survivor Child Custody Act, the bill would incentivize legal initiatives on the state level to help women secure full custody of children conceived through rape.

“Without such a law, woman can endure years of being tormented by an abuser,” said Rep. Debbie Wasserman Schultz, D-Florida, at a press conference on Thursday.

-snip-

Full article here: http://politicalticker.blogs.cnn.com/2013/07/25/citing-castro-new-bill-would-strip-rapists-of-custody-rights/

[niyad]

1. the very fact that rapists HAVE custody rights at all in any state is beyond dsigusting and obscene.

continued proof of the profound hatred against women that is becoming more and more obvious every single day.

[freshwest]

3. +1,000

[MADem]

2. Right on, DWS. I support this completely. nt

[Arkana]

4. Republicans will find some way to oppose this.

Mark my words.

[Agschmid]

5. Naive question...

Could the rapist be sued for support? As I type this I'm not even sure someone would want money from them... But If they loose custody rights (they should not have them) does that also get them off of child support rights?

I feel like the rape cases where this could happen are few and far between since the rapists would have to be known?

Whomever I offended sorry... It's a naive question.

[csziggy]

6. Not sure about civil suits, but some have been court ordered to pay support

And that has lead to legal battles over parental rights for the rapists:

Teen Embroiled in Horrifying Joint Custody Battle With Her Rapist

A young Massachusetts woman and her family have suddenly been thrown into a nightmarish legal battle to keep her admitted rapist from seeking joint custody of the child he fathered from his crime. A probate court's decision to order the man to pay child support means that he can now also petition the court for joint custody, thanks to a surreal set of legal loopholes preventing rape victims from completely severing the paternal connection with their attackers.

According to Fox's Boston affiliate, the young woman was raped when she was just 14-years-old by an acquaintance from church, the 20-year-old boyfriend of her friend's older sister. "He threatened me," the girl told Fox reporter Mike Beaudet. "He told me that he could make my life upside down, and I wouldn't have anybody and he would pin it all on me. So I was scared." Nevertheless, when her mother learned of the incident, she and her daughter marched straight to the police to press charges. The girl, though, decided to keep the child, and now, despite a bout with anxiety and depression, she's being forced to deal with the very real possibility that her rapist will linger in her life for the foreseeable future.

Even though the Norfolk prosecutor asked for a three to five year prison sentence at the father's trial, Superior Court Judge Thomas McGuire decided that it'd be way better to give him 16 years probation on the condition that he admit paternity and pay child support.

More: http://jezebel.com/5946491/teen-embroiled-in-a-horrifying-legal-battle-to-stop-her-rapist-from-seeking-joint-custody

ETA - from the original article:

Murphy's motion also asks that the man be ordered to stay away from the mother and the child.

"All this family wants is to cut the cord. Get the rapist out of their lives. And if the judge wants to help them financially that's great. But let's call it restitution, not child support," Murphy said.

Sixteen other states have already tackled this issue, according to a 2010 study in the Georgetown Law Journal, by enacting statutes to protect a raped woman who chooses to raise her child.

Nine of those states allow or require the termination of the rapist's parental rights, while the other seven allow or require stripping custody or visitation privileges.

Massachusetts is one of 34 states that has not addressed the issue.

Read more: http://www.myfoxboston.com/story/19628763/2012/09/24/rapist-wants-visitation-rights-teen-mom-fighting-back#ixzz2aA3V3TAC

[Agschmid]

8. Thanks for the reply.

That's an incredibly unfair situation to be put in. I do feel the rapists should have to pay for the child if they are known...

[csziggy]

9. Make them pay - but call it resitution

As indicated in the articles, if it's considered child support, it gives the rapists rights they should never be entitled to.

And I don't think the restitution should be contingent on the woman getting pregnant or carrying the child to term if she does. Make the rapist pay restitution and NEVER let him know if there was a child resulting from his crime. If the woman chooses to have the child, restitution can help her support it. If the woman does not get pregnant or elects to not have the child, the restitution can help her get counseling and to recover from the trauma.

[LiberalFighter]

7. IMO the rapist would have to be declared not the parent for that to happen.

So the rapist would still be liable for child support. And contact with the mother or children is not necessary to pay the child support.

There are parents that have custody of the children while the other one does not. It is a separate issue from determining child support and visitation rights.

[BainsBane]

14. I bet he could

Actually most rapists are known. Most people are raped by people they know: family members, someone they are dating, a partner, or acquaintance.

[srican69]

10. I think the only punishment worthy of a rapist is genital mutilation and chemical castration

..followed by 100 years of solitary confinement - with no food.

[SunSeeker]

11. I can't believe this is not already the law! nt

[Bunnahabhain]

13. Archaic statutory rape laws

do make some complications here. Even more, what if it's the mother guilty of statutory rape?