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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDoes a rapist get parental rights when an abortion is denied a woman? nt
Politicalboi
(15,189 posts)Make it a law that the rapist will have rights. Why not at this point. They keep showing us their hatred of women and are puzzled by the reactions.
sadbear
(4,340 posts)So says the GOP.
Agnosticsherbet
(11,619 posts)THE PARENTAL RIGHTS OF RAPISTS
The common sense answer, at least to me, would be that rapists do not have parental rights, or if the law presumes that they do, then the law would equally presume that those rights should be terminated without the consent of the rapist. A number of states agree with this conclusion, but a number of states have failed to address the question, leaving open the possibility of rapists asserting parental rights.
The latest case to discuss this issue is Shepherd v. Clemens, 752 A.2d 533 (Del. 2000). There, the court concluded that when a child is conceived and born as the result of an unlawful sexual intercourse as defined in the code, the biological father shall not be permitted visitation. This does not violate constitutional principles. No court has held that the mere fact of biological fatherhood that was the result of a conception during a criminal act and that is unaccompanied by a relationship with the child, creates an interest that the United States Constitution protects in the name of liberty. See Lehr v. Robertson, 463 U.S. 248, 259-62 (1983). See generally Deborah L. Forman, Unwed Fathers and Adoption: A Theoretical Analysis in Context, 72 Texas L.Rev. 967 (1994).
However, if no charges are made or they are not upheld, the man would probably retain his rights. Remember, many rapes go unreported because of the stigma attached to the victim, and even reported rapes may not lead to a successful conviction.
DonRedwood
(4,359 posts)Quantess
(27,630 posts)Given the woman got pregnant, it must not have been that traumatic an experience, so the "rapist" father probably was not forcibly raping her. So why should he not have parental rights? She would have to prove that it was not a forcible rape, because if it was that kind of rape, maybe he would not make a great dad. But if it was the regular kind of rape (the okay kind) then why not give him parental rights?
Sound good? Alrighty then!
mfcorey1
(10,997 posts)cthulu2016
(10,960 posts)Didn't Santorum say that?
4th law of robotics
(6,801 posts)that being said I have no idea what the law says.
Common sense doesn't necessarily hold sway in common-law.
IggleDoer
(1,186 posts)... could a rapist use that as a defense that it was consensual?
After all, a Congressman said so, so it must be true.
gollygee
(22,336 posts)Yes this all gets very absurd. What rights over the child does the rapist have?
Matariki
(18,775 posts)Or if the woman wasn't a virgin she is stoned to death. Something like that.
LynneSin
(95,337 posts)Mercy Killings to blame those women who were rapped by others.
Or we could just do what the Catholics did back in Ireland and open up Mary Magdeline Laundries.
LynneSin
(95,337 posts)just disgusted me.
Xithras
(16,191 posts)The woman would need to file a motion in family court to have the parental rights of the rapist terminated. If the rapist was successfully prosecuted, the courts will approve these requests in virtually all cases.
In cases where the rapist wasn't prosecuted successfully, or where the child is the result of a marital rape, the results can be quite a bit messier.
This is one of the many things that women have to consider when deciding whether or not to keep a rape pregnancy. It's not just a matter of the child being a "reminder", but the child is actually a permanent physical and legal link to the rapist.