According to a recent study, approximately 25,000 women in the United States become pregnant as a result each year. In addition, one out of three of those women choose to keep and raise their child. https://www.mollybkenny.com/library/child-custody—rape–understanding-washington-state-s-custody-laws.cfm. However, in most states, these women do not have many legal protections, and their perpetrators often have normal parenting rights to the child. Fortunately, a new law in Washington State became effective on January 1, 2019. Under this law, a rape survivor can terminate or restrict the rapist’s parental rights by presenting clear and convincing evidence that the pregnancy was a result of rape. RCW 26.26A.465.
Under RCW 26.26A.465, a rape survivor can ask the court to limit or terminate the perpetrators rights in a parentage case. To do this, the victim of the sexual assault must file a Petition to Stop Parentage Based on Sexual Assault. After one files this, a hearing is held regarding the allegation. During the hearing, a judge must determine: (1) whether the perpetrator did in fact rape the petitioner; and (2) whether the child was born because of the rape. If a judge decides that the rape survivor proved these two elements, then the perpetrator can only be given rights to the child if the rape survivor allows it.
Unless the rape survivor explicitly agrees in writing, the rapist will lose the following rights: (1) to visit the child; (2) to make any decisions concerning the child; (3) to inherit from the child; and (4) to get any notice of adoption of the child. RCW 26.26A.465.
Equally important, rape survivors who become pregnant as a result of rape often begin struggling financially because they have to care for the child. Another benefit of this new law is that a rape survivor can ask the judge to order the rapist to reimburse the victim for any costs related to the child’s birth. This reimbursement can also include premiums for a child’s health care.
In conclusion, rape is a very serious and ongoing problem in the United States. Therefore, over 30 states have adopted new laws that are similar to Washington State’s. Hopefully more states begin to adopt similar laws because it is unfair to place additional burdens on survivors of rape. Survivors of rape must be given additional legal protections to help ensure their recovery, and to protect their child’s best interests.
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