State senator seeks termination of rapists' parental rights (convicted or not)

Submitted by Mastodon on Tue, 2013-09-24 18:53

Article here. Excerpt:

'INDIANAPOLIS | A Hoosier woman giving birth following a rape could face a lifetime of further attacks in court if the rapist-father tries to assert parental rights because of the way Indiana law is structured.

Indiana is among 31 states lacking specific laws barring rapists from claiming child custody and visitation options available to fathers.
...
Charbonneau said most rapes are not reported to police, and if a victim gives birth to the child, she shouldn't have to spend the next 21 years "looking over her shoulder wondering if the rapist is going to claim his rights."

Under his 2012 plan, such a victim would have to show a judge by clear and convincing evidence that the child was conceived by rape for the judge to terminate the parental rights of the rapist.

That's a lower standard than "beyond a reasonable doubt" required for a criminal conviction, but Charbonneau believes it would speed the termination process and save women from potential ongoing legal harassment by the men who raped them.'

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Comments

Who decides "clear and convincing"? Ugh, what a mess. Well, you ask, isn't there fire where you see smoke?

Not necessarily. Will terminating rights also include terminating responsibilities (i.e., child support payments)? I'm guessing not. So two ppl have a 1-nighter. The woman gets pregnant perhaps despite condom usage. So, she decides she wants to have the baby (her choice, but still, his responsibility for her choice), but doesn't want some guy she has no feelings for around (maybe he seems to have no "prospects", or maybe she just doesn't like him in the clear light of day w/out the influence of three pink ladies with lime twists). Which then leads to her collegiate-style claim: "I was drunk and he took advantage if me. He raped me!" All it takes is a feminist judge, chivalrous judge, judge afraid of feminists, or nymphotropic judge-- which describes a whole lot of them-- and there's your "clear and convincing" right there. It's "she said" and what he has to say isn't even on the radar.

And there you have it: No parental rights (not that men really have any to start with) but parental responsibilities (i.e., pay up, sucker).

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Submitted by Matt on Wed, 2013-09-25 04:02