A rapist who fathers a child through sexual assault should not be allowed to have any parental rights. That’s a no-brainer. But then why has it taken so long for the Arizona legislature to address this issue? Rape is such a heinous act, but the fact is that there have been cases in other states where a man whose sexual assault resulted in the conception of a child petitioned the court and was later awarded parenting time with that child.
Can you imagine a mother in this type of scenario being forced to share custody of her child with the man who raped her? That, itself, should be considered a crime.
Arizona’s new law, S.B. 1007, if passed, will add sexual assault that led to the conception of a child to the list of evidence sufficient to justify the termination of the parent-child relationship of the parent who committed the assault.
The provisions of the bill will allow a parent or agency to file a Petition to Terminate the parent-child relationship, and the perpetrator’s parental rights can be terminated upon a finding, by clear and convincing evidence, that the parent committed a sexual assault that resulted in the child being conceived. It also allows the Court to accept a guilty plea or conviction for sexual assault as evidence that the child was conceived as a result of a sexual assault by that parent.
This new law is fair and right and will prevent ongoing trauma and abuse. It will stop a mother who was the victim of rape from being re-victimized over and over again by her rapist. But it makes you wonder: Why did it take so long?
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When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.