WTF: Rapists Allowed To Seek Custody of Children in 27 States
Read Time:2 Minute, 59 Second
America is a mess, and every day I read “shit that shocks me” and makes me wonder if we’ve always been a country full of nuts or if their population has exploded over the last 12 years. When I first saw this story I thought it was some sort of twisted joke. I was wrong.
The debate over Rep. Todd Akin’s widely condemned comments on “legitimate rape” has largely centered on abortion and Republican efforts to outlaw the procedure, even in cases of rape. But the controversy has also uncovered a little-discussed issue: When some rape victims do choose to give birth to a child conceived through sexual assault, they find that the legal door is left wide open for their victimization to continue. It sounds unfathomable, but in many states the law makes it possible for rapists to assert their parental rights and use custody proceedings as a weapon against their victims.
A rapist scum can petition the courts for custody of children conceived during their vicious assault? How does this happen? Who’s running the asylum?
Contrary to the wild imaginings of Rep. Todd Akin’s fevered brain, women can and do get pregnant as a result of rape, a reality that’s horrible enough to think about even without this extra bitter layer: some rapists successfully sue for joint custody of the children they have violently fathered. Though instances of rapists seeking or even obtaining joint custody are apparently pretty rare, only 19 states have laws restricting the parental rights of men who father children through rape — everywhere else, men are technically allowed to seek such rights, and even if they don’t intend on actually being part of their child’s life, rapists have been known use the threat of joint custody as a way to blackmail their victims into not filing criminal charges. Now would be a great time to pause for a few minutes and let the rage bile boil up through your esophagus like an agitated hot spring.
Are you enraged yet? If not you should be, even if you’re a Republican. Here’s the story summary:
Think Todd Akin’s comments about “legitimate rape” were medieval? Even scarier, and less-discussed, is the fact that many US states allow alleged rapists to apply for parental rights of children conceived by sexual assault, write Dana Liebelson and Sydney Brownstone at Mother Jones. “It sounds unfathomable,” they write, but rapists can “assert their parental rights and use custody proceedings as a weapon against their victims.”
At least 27 states, including Arizona, Minnesota, New York, and Mississippi, offer no protection for mothers of children conceived by rape. Some states, like Maryland and Missouri, were shocked to find no rule in the books and managed to pass laws. Other states have partial laws, like protecting the mother if her rapist is convicted. “Part of the problem is that many rapes go unprosecuted,” write Libelson and Brownstone. “Only 9 out of every 100 rapes are prosecuted and just 5 lead to a felony conviction,” according to one count.
I’m interested in knowing what you think about this? Shouldn’t we be talking about it? I think we should start, because outrageous laws like these need to be struck down.
Many thanks to Mother Jones, Jezebel and Newser for their contributions to this story.
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Mike-good point. Jess, I told my husband about this. I thought he was going to punch something.
When mine gets up off the floor after laughing at me for saying bacon came from cows** in a not so rare moment of stupidity, I’ll show this to him.
** I got him bacon from this little butcher, that is fresh from the source and when he told me how tasty it was, I just said well d’uh that’s because it came right from the cow to your table with no processed crap between. Meant to say pig but cow came up. This is when I told him if he didn’t eat animals, I wouldn’t have to remember what one his hearty meal came from. One of those, do it for the children guilt trips I am good at, thanks to my mother 🙂
Why this surprises anyone is shocking to me, because these laws have been written predominantly by men** in leadership positions. As long as we women are treated like chattel it will always be this way.
* I feel I need to put disclaimers when I say men, which is sad, because as we know there are plenty of the good ones around that support the females of society. If you are a good one, this does not apply to you ok.
Hard to type when your fists are clenched. Evil, evil people, this newish breed of Republican.
I’m not sure these laws are the exclusive property of the Republicans Erin. I think everyone might share responsibility here.