It has been reported over the last two decades that an estimated between up to 32,000 pregnancies from sexaual assault occurring annually in the United States. Thankfully, the country has faced these facts and have begun to take them seriously and have brought change. Federal and state laws have been recently passed regarding parental rights and custody of children conceived from an act of sexual assault to protect them.
The Justice for Victims of Trafficking Act came to fruition in 2015 which included the Rape Survivor Child Custody Act which increases funding for grants that support states that promote laws protecting the rights of mothers that have conceived through sexual assault to terminate the rapist’s parental claim to the child which means they cannot contact or demand custodial arrangements with the child.
About 46 states have enforced legislation regarding the rights of parents in the case of sexual assault. In most of those states, there are more than one statute regarding it depending on the situation. Some states have provisions for the Termination of Parental Rights (TPR) and custody and visitation restrictions. Here is a brief breakdown:
- 30 states allow Termination of Parental Rights for rapists who conceived a child as a result of the act.
- 20 states allow for restrictions on parental rights of people convicted of sexual assault.
Thankfully, 30 bills have been introduced during the 2017 legislative session in 17 different states addressing the issue of custody, visitation and parental rights of perpetrators of sexual assault. The following is a brief list of keywords relating to state provisions on termination of parental rights. They are considered categories of information for these types of cases:
- Conviction of Sexual Assault: whether it is required to enforce a termination or restriction of parental rights.
- Burden of Proof: what information is necessary to prove the need to terminate parental rights or restrictions.
- Context of the Statute: if the statute allows termination or restriction, or other limits on a perpetrator’s parental rights.
Contact a Lawyer
If you have questions or concerns regarding the parental rights of sexual assault perpetrators, contact a family law attorney such as the family lawyers Phoenix AZ for a free consultation to discuss your options. There are statutes in place to protect the rights of mothers that conceive from a sexual assault. Don’t wait, call today to schedule a consultation and discuss what can be done to help you.
Thanks to authors at Hildebrand Law office for their insight into Family Law.