need help here--anybody got links to cases where rapists have gotten

[niyad]

parental rights? I am having an argument with a fundie idiot who claims I am making this up.

[Che_Nuevara]

1. I have never heard of any such cases. (n/t)

[niyad]

2. here's one:

February 26, 1997
By: ROSA MORAN
State Capital Bureau
JEFFERSON CITY - Can a man in charge of a rape ask for parental rights if a child is born as a result of that forcible rape?

It seems incredible, but the answer -- under Missouri law -- is yes. In fact, a St. Charles attorney says it actually has happened.

Cynthia Casey Louis, a member of the Missouri Corrections Association, cites the case of a man charged with numerous counts of statutory rape and sodomy of his 12 year-old stepchild. He refused to voluntarily give up his parental rights to the child's daughter that genetic a DNA test had found he had fathered.

Louis also cites the case of a 31-year-old father serving a seven-year sentence for sexual abuse of a 16-year-old. While in prison, the man has continued to make statements that he will seek custody of the 16-year-old's daughter when he released from prison.

These are the overlooked consequences of Missouri's child-custody that Rep. Cindy Ostmann, D-St. Peters, is trying change.



. . . . . . .



http://www.mdn.org/1997/STORIES/RAPIST.HTM

[Liberty Belle]

3. I've interviewed teenage girls who were given into the custody

of fathers who raped them. Happens more than you'd care to believe, especially in some small southern towns where daddy's a chief of police and knows the judge.

Here's a link to a site with info on abusive spouses given custody of kids:

http://www.leadershipcouncil.org/1/pas/dv.html

[Mabus]

4. Here you go

October 04, 2004
Rapist can interfere with adoption

After being raped, an unmarried woman finds she is pregnant. She wishes to give the child up for adoption, but under current law she must first prevail on the birth father to give up his parental rights -- and as a condition of doing so, he demands that she not testify against him. Does this sort of thing really happen? A lawmaker and a reporter in North Carolina investigate and find that, yes, it does seem to (Ruth Sheehan, "Rapists lose facet of power", Raleigh News & Observer, Sept. 6). P.S.: I, Gadfly raises an important point, namely, how should the law deal with the fact that not all rape accusations are accurate and some are even made tactically? The Raleigh newspaper's account indicates that the North Carolina legislation cuts off the parental rights of rapists only on conviction, which minimizes the damage done by false accusations, but also suggests that the law may be without effect in the type of case that caused outrage in the first place, in which avoiding conviction is the whole point of the abuse.
Posted by Walter Olson at October 4, 2004 12:05 AM http://www.overlawyered.com/archives/001586.html

There are more examples out there. I can list more if you need.

[niyad]

5. thank you , I would really appreciate having these.

[Mabus]

8. Here are three more

1.

COLUMBIA, S.C. -- With a brighteyed little girl named Autumn and members of her family present, Gov. Mark Sanford held a ceremony August 22, 2005, to sign Autumn's Law that prevents rapists from claiming "parental rights" to a child conceived as a result of criminal sexual conduct.

Autumn's Law is named for the child who was conceived when her mother was raped at the age of 14. When Autumn's grandparents, Jimmy
and Ginger Foisey of Sumter, attempted to adopt Autumn, the rapist threatened to claim parental and visiting rights unless they agreed to drop the criminal charges. The Foiseys refused and were forced to hire an attorney to fight the rapist in court. Ultimatly Mr. and Mrs. Foisey adopted Autumn for the child’s protection.
PDF document: http://sclife.org/abortionlawsinsc/AutumnsLaw.pdf

2.

Defender of Rapist in Parental Rights Case

Lehigh Valley Legal Services of Pennsylvania recently tried to give a teenage rapist custody of a child he fathered by his rape of a 13-year-old. Legal services attorneys argued the case even though a psychologist concluded he would endanger the child if given such rights. Nevertheless, they tried to argue that termination of the criminal’s parental rights was unconstitutional on the grounds that rape is not defined in the adoption act.

See The Morning Call (Allentown), March 2, 1995
source: http://www.nlpc.org/lsap/report/Issues/rep04.htm

3.

The Baby Emily Case That Prompted the Florida Law

The Florida legislature was inspired to create the Act after the case of baby Emily - a three-year legal battle in which the baby's father, a convicted rapist, tried to contest the baby's adoption long after she was adopted. The court eventually ruled in favor of the adoptive parents, and against the father.

The Act was intended to prevent similar future suits by ensuring that, before an adoption took place, the fathers' parental rights had been terminated in a way that accorded with constitutional due process standards - with potential fathers being provided notice and an opportunity to be heard.

Before the Act was passed, Florida law (like that of most states) already provided that a father's pre-adoption consent had to be procured if his paternity had been already established or presumed - due to marriage, adoption, a court decision, a paternity test, his formal acknowledgment of paternity, or his "repetitive" or "customary" support to the child or mother during the pregnancy.
source: http://writ.news.findlaw.com/scripts/printer_friendly.pl?page=/commentary/20020829_hodes.html

[Infomaniac]

6. Cases and Statutes

Many states have provisions in their domestic relations codes that allow courts to terminate the parental status if the child was born as the result of a sexual assault. It is not automatic and requires a hearing; which means the people who can't afford to spend the time and money in Family Court might just have to let sleeping dogs lie.
A listing of states with such provisions (may need updating, the article is from 2001) and some cases against granting the rapist parental rights may be found here: http://childsupportguidelines.com/articles/art200106.htm

Here are some articles to get you started.

http://www.mdn.org/1997/STORIES/RAPIST.HTM

Convicted rapist refuses to voluntarily relinquish parental rights to offspring he fathered with 12 year old.

http://writ.news.findlaw.com/commentary/20020829_hodes.html

Convicted rapist waged 3 year court battle to prevent adoption.

[niyad]

7. thank you so much. I hope my fundie's little head explodes

[lukasahero]

9. If not, you can take comfort in the fact that mine did.

I had no idea there were any cases where this had happened. All I can say is Oh. My. God.

[MountainLaurel]

10. Christ, this is disgusting

:puke:

[Poland]

11. Females Too

Females who statutorily rape boys can and do get custody (and child support) from the rape victim.

[Bridget Burke]

12. Well--have the boys fought for custody?

I'd like to see some documentation about the Child Support. Of course, Child Support is for the benefit of the child.