California lawmakers are considering legislation that would make it easier to strip accused rapists of parental rights if a child is conceived during the alleged assault.
“No survivor should be forced to be a single parent with the person who raped them,” said Sen. Caroline Menjivar (D-Panorama City) told the Senate Judiciary Committee last month. “It makes it easier for the survivor to be forced to deal with continued torture and abuse.”
California has long terminated the rights of parents of convicted rapists. Senate Bill 1364written by Menjivar, can create the impression that the father is also not eligible to receive the right to raise the child if the court finds “clear and convincing evidence” that the child was conceived as a result of sexual abuse. Exceptions will be granted if both parents voluntarily agree to share parental rights.
Elizabeth Kristen, legal director of the California Women’s Law Center, which supports the law, explained that there are different legal standards of proof.
He said that a conviction in a criminal court requires proving guilt beyond a reasonable doubt, which is a very high standard, while winning a case in a civil court requires a trial of evidence, meaning that one side must show that their claims are more likely than not. Clear and convincing evidence falls in between.
“This would be a huge burden, not just a huge burden like we have now,” Kristen said. “It may still be a difficult standard to meet.”
Those who feel that the judge made a mistake can appeal, he added.
It is unclear how many child custody cases may be involved in California. A spokesperson for the California Department of Public Health said the agency does not track how many children are born as a result of sexual abuse. According to the Centers for Disease Control and Prevention, approx 3 million women all over the country they were pregnant because of rape.
This law will not change child support, as California law allows payments to continue even when a parent loses custody or visitation.
David Bullock, spokesman for the San Fernando Valley Alliance, was the only person to speak against the bill during the Judiciary Committee hearing. “It is the right of every child to know who their mother and father are,” he said. Each parent plays a complementary role; except one or the other child misses out.
Bullock said that the committee previously expressed support for the idea of rehabilitation. He said the law would “violate that exemption.”
The bill passed the state Senate last week with bipartisan support and now heads to the House.
The Rape, Abuse and Incest National Network supports the bill. Known as RAINN, it is the largest non-profit organization fighting for survival in the nation.
Sandi Johnson, the agency’s senior policy attorney, said rape is more difficult to prosecute. Victims often refuse or delay reporting the crime to the police because of shame, intimidation or fear of disbelief, he said. Those who file police reports may face other obstacles.
“The criminal justice system is out of touch with the reality of sexual assault,” Johnson said. “Investigations are often not conducted using trauma-informed techniques or procedures.”
An NBC News investigation last year found that violent sex crimes have a lower arrest rate than other violent crimes in eight metropolitan areas across the country, including Los Angeles, San Francisco and San Diego County. Less than 4% of reported cases of rape, sexual abuse or alleged child sexual abuse resulted in a sex crime conviction.
Johnson said about half of the states have passed similar legislation, including Maryland and Arizona.
One survivor said that this measure, if signed into law, would give him and others comfort.
The woman, who asked that her name be withheld because of the ongoing case, counts herself among the abusers 3 million women throughout the country who became pregnant with allegations of sexual abuse. He said he reported to the police and sought medical help and treatment – but because there was no rape charge, the father was later granted joint custody of their children.
Every time she takes her children to their father, it feels like they are being sucked into a black hole. The exchange, which takes place at a children’s school in Southern California, leaves him shocked and depressed for days.
“I’m just being told to stop,” he told The Times. “I am asked to share with the parent as if we are a couple who are always separated.”
He said being forced to share in the cell compounded his trauma and made it difficult to heal.
“I grew up in a Christian family and I really questioned why God gave me these beautiful twins if I had to share custody with my rapist,” he said. “That was a big philosophical life question for me – but I’m hopeful because of this bill.”
Those who have been sexually abused can contact RAINN for support at (800) 656-HOPE.
