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kelly1mm

(5,756 posts)
54. If someone is convicted of rape I agree they should be barred from contact with that child/parent.
Wed Aug 22, 2012, 09:12 PM
Aug 2012

The only case I can find of a convicted rapist (statutory) getting custody was a woman who raped a minor boy. She even got child support from him. The link to the story is above.

Do you want statutory rapists lose all parental rights? If the mom is 19 and the dad is 16 then mom should lose the child as soon as she gives birth?

I cannot support (although I DO sympathize and understand the problems inherent in reporting and prosecuting rape cases, especially non-stranger rapes) terminating the parental rights of a parent based on the word of one of the parents that the child was conceived subsequent to rape. Women DO sometimes lie about rape. I am sure everyone remembers the Duke lacrosse team rape case.

I can give you another. I represented a dad in a custody case. Here is his story:

Parents were together for 1.5 years. In the middle of the relationship, she got pregnant. Dad went to the prenatal appointments (important later as this was in the medical records) lived with the mom, paid bills (important again), etc. 2 weeks before the birth, they break up. Dad show up to the hospital, mom says he is not the father so he could not see the baby OR sign the birth certificate. Dad sues for custody.

Mom responds by claiming 1) she barely knew the guy, 2) he raped her at a party when he got her drunk.

Until the trial (5 months after the birth) dad was not allowed to see the child per mom's instructions.

At trial, the first witness I called was her. She repeated her story. Great for us! Then the medical records showing dad at the prenatal appointments, then the bank records showing utility payments by my client when the lived together. Then the Facebook postings with all the pictures of them together and the baby updates. Then I call her parents (who heard thee prior testimony as I did not invoke the rule on witnesses) and they told the truth - that she was mad at him for the breakup and was punishing him with the child.

Dad now (last 2+ years) has full custody (legal and physical) and mom has supervised visitation.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Extremely powerful read. Lone_Star_Dem Aug 2012 #1
What the HELL? hifiguy Aug 2012 #2
In many states there's nothing barring a rapist from filing for full custody. Lone_Star_Dem Aug 2012 #4
Yea, I can't comprehend this... in a modern society :( CabCurious Aug 2012 #15
What the Hell justification could the lawmakers give for this? Bernardo de La Paz Aug 2012 #19
You're Kidding, Right? tonybgood Aug 2012 #21
Not kidding. Know they're white male. But they would give nominal rationalizations. What are they? Bernardo de La Paz Aug 2012 #33
I'm sorry, could you clarify your statement Le Taz Hot Aug 2012 #55
You are basically right. It's men. But in the USA (this election is in USA) it's mostly white males Bernardo de La Paz Aug 2012 #57
Thank you for the clarification. Le Taz Hot Aug 2012 #58
Last time i checked... Did I Just Type This Aug 2012 #34
For women to run for public office and expect any chance of winning, they need RC Aug 2012 #74
... handmade34 Aug 2012 #40
+1000! Exactly... Rhiannon12866 Aug 2012 #68
There are zero states with laws specifically granting rights to rapists. The answer is "laziness" Xithras Aug 2012 #42
I can picture this secret argument for rapist parental rights...they'd NEVER say it out loud, but Ken Burch Aug 2012 #59
+1! uponit7771 Aug 2012 #48
recommend. Starry Messenger Aug 2012 #3
Just horrible RockaFowler Aug 2012 #5
WTF sort of insane place do we live in where this can happen??? rox63 Aug 2012 #6
A place with "biblical values" Scootaloo Aug 2012 #43
+1000. nt awoke_in_2003 Aug 2012 #63
Thanks for posting. Shared to fb. mnhtnbb Aug 2012 #7
I had no idea... bhikkhu Aug 2012 #8
outrageous Hamlette Aug 2012 #9
"our society hates women..." redqueen Aug 2012 #14
meh! AsahinaKimi Aug 2012 #20
+1. dehumanizing women to the extent we have allows this. it is easy to hate seabeyond Aug 2012 #28
In this country... awoke_in_2003 Aug 2012 #64
which was put together iamthebandfanman Aug 2012 #70
WTF??? What 31 states let that happen? SunSeeker Aug 2012 #10
I'd like to see a list of those 31 states. burnsei sensei Aug 2012 #11
Based on the footnotes from Prewitt's Law Journal enlightenment Aug 2012 #25
I hope Oregon is one of the other two davidpdx Aug 2012 #69
How can we get this message and others like it to the women who don't know? nolabear Aug 2012 #12
I hope women are paying attention. redqueen Aug 2012 #13
yup. nt seabeyond Aug 2012 #29
The goal is to return women to the status of breeding stock queenjane Aug 2012 #16
Historically? burnsei sensei Aug 2012 #27
This is the kind of shit we get outraged over when Chorophyll Aug 2012 #17
The Taliban just doesn't Smilo Aug 2012 #18
Is there any pattern to the lawmakers (party, religion, education, etc) other than white male? Bernardo de La Paz Aug 2012 #22
It's neglect, not intentional jeff47 Aug 2012 #65
Giving Birth to a “Rapist’s Child”: A Discussion and Analysis of the Limited Legal Protections Bernardo de La Paz Aug 2012 #23
Women = liars burnsei sensei Aug 2012 #31
Visitation rights? Did I Just Type This Aug 2012 #24
Rapist given custody of child AND child support apples and oranges Aug 2012 #26
Error remains error. burnsei sensei Aug 2012 #32
The number of cases where a female rapes a male (child or adult) fasttense Aug 2012 #72
Rape is a notoriously under-reported crime. TahitiNut Aug 2012 #73
Rape defendents will pull any shit to get off. McCamy Taylor Aug 2012 #30
Get a little perspective! IrishAle Aug 2012 #35
Well said IrishAle Did I Just Type This Aug 2012 #36
How anyone who could allow a rapist to raise a child Ilsa Aug 2012 #37
I am gobsmacked! Odin2005 Aug 2012 #38
Why bother with that? We know now that rapists can't get women pregnant! KamaAina Aug 2012 #39
links handmade34 Aug 2012 #41
My God... WillyT Aug 2012 #44
How awful gollygee Aug 2012 #45
wow proud patriot Aug 2012 #46
I think that this would encourage abortion Nikia Aug 2012 #47
well the focus should be on the family/ thus providing both a mother and a father for the child lunasun Aug 2012 #49
*sigh* MissNostalgia Aug 2012 #50
I'm just using the titlebar becasue I have nothing but curse words left! - K&R!!! n/t DeSwiss Aug 2012 #51
Even if a poor woman can get past the horror & decide to keep the child--this is a lifetime of hell hlthe2b Aug 2012 #52
Unfortunately, I can see some of the Talibornagain... regnaD kciN Aug 2012 #53
If someone is convicted of rape I agree they should be barred from contact with that child/parent. kelly1mm Aug 2012 #54
Well, at least she doesn't have to marry him. malthaussen Aug 2012 #56
once again...do not, do NOT read the comments at that link. Ken Burch Aug 2012 #60
This counttry has officially gone mad. MadrasT Aug 2012 #61
WTF?! NYC_SKP Aug 2012 #62
Let's get real about the US of A Fawks121 Aug 2012 #66
some sick fucks commenting iamthebandfanman Aug 2012 #67
The new Confederate States (NT) The Wizard Aug 2012 #71
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