An important decision faces lawmakers in January, when members of the Maine House and Senate will return to Augusta for the short legislative session.
A
bill I sponsored would make it easier for victims of rape to strip their
attackers’ of parental rights to children born as a result of rape. Simply put,
it empowers women who became pregnant after being raped to raise their children
free from interference from the men who violated them — a crucial step in
helping victims move from the traumatic experience of rape.
In
Maine, a man convicted of rape in a criminal court can already be stripped of
parental rights to children conceived during their crime. However, we know that
this standard is far too high to protect victims of sexual assault.
We
know that a shockingly low percent of rapes are even reported, and even fewer
rapists are ever convicted. Rape cases are notoriously difficult to prosecute,
so even when charges are brought, attorneys often negotiated agreements to
allow rapists to “plea down” and accept a lesser charge.
Those
realities mean it’s just too hard for victims to obtain the peace of mind they
need to move on with their lives and raise their children. But forcing rape
victims to keep their attackers in their lives is not only absurd; It’s also
out of step with the way most parental rights decisions are made in court.
In
many cases, the standard of proof in family court proceedings is “clear and
convincing evidence,” rather than the higher standard of proof known as “beyond
a reasonable doubt,” which is used in criminal cases. Rape victims should not be held to a higher standard of proof than other
parents seeking to protect themselves and their children.
This
unfair barrier is not only deaf to the realities of sexual assault, but can
also lead to a victim being forced to relive their trauma again and again from
regular interactions with their rapists.
That’s
why the federal government believes the current barriers facing rape victims
are too high. The Rape Survivor Child Custody Act was passed by Congress and
signed by the president this year, and provides incentives to urge states to
pass laws such as the one proposed in my bill, “An Act to Protect Victims of
Sexual Assault.”
My
bill would simplify needlessly complex child custody proceedings, prohibit
rapists from seeking custody of a child conceived in rape and protect rape survivors from further harassment and intimidation by
their rapists. It will allow victims to petition the court to terminate their
attackers’ parental rights with clear and convincing evidence.
This commonsense fix will not only help the specific victims
that benefit from it, but will indirectly help other victims in our state.
Passage of my bill will make the state eligible for additional federal funding
to support sexual assault victims.
The proposal already enjoys broad support. Nine out of the 10
members of the bipartisan Legislative Council have given my bill the green
light necessary for consideration by the full House and Senate. My bill was one
of just 33 proposals accepted during the first round of bill consideration by
the council.
I’m confident my colleagues on both sides of the aisle will
come together to support this commonsense step to protecting victims of sexual
assault.
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