Friday, March 7, 2014

Legislation Regarding Rapists’ Right to Sue their Victims for Custody

WARNING: This post is about laws regarding rape and sexual assault.  I will do my best to keep specific details few, but I know that triggers come in many forms.  My purpose here is to educate and advocate.  If you need help, there are many resources out there and I would be happy to help you find them if you would like.  Feel free to send me an email or leave a comment if you are comfortable.    

Sorry to get all “raging feminist” on you guys this early in the existence of our blog, but this is who I am.  And, believe it or not, this is really happening right now.  Personally, I don’t really see how this could possibly be seen as controversial, but it seems like the kind of topic that people would view this way, so there’s your fair warning in that regard.  To me, being a feminist means supporting and empowering one another in various ways.  This includes protecting those who need it and advocating for them, if necessary. Sometimes, the only way we can do this is to educate others about the realities of worlds different than their own.  I am here to try to do just that today.  Frankly, I don't think this is a political discussion, I think this is a discussion about basic human rights.  I am not here to offend, but, again, to advocate.

click to return to the previous page
        Image from unprofound

Last week, I received an email from an organization called UltraViolet, urging me to take a stand for rape survivors.  Currently in Ohio, State Senator Nina Turner has introduced a bill that will help protect rape survivors who have a child as a result of their assault.  Remember Ariel Castro, the man who kidnapped, raped, assaulted, abused, and held captive three young women and even fathered a child with one of his victims, for over a decade in Ohio?  Technically, he could have sued Amanda Berry, the mother of the child, for custody.  Amazingly, this is the case in 31 states (source).      


        Image from morguefile

This bill is drafted so that a conviction is not necessary, before revoking parental rights.  Evidence "beyond a reasonable doubt" is sufficient to terminate custody rights (source).  This is important because, according to RAINN, only 4 percent of rapes lead to a felony conviction.  This means that a staggering number of survivors never get justice.  Not only that, but apparently in most states these rapists can also take their victims through lengthy and painful custody battles.  Can you imagine having to face your attacker on a regular basis for the rest of your life?  The additional trauma that would inflict on both mother and child would be horrendous.  This bill will protect even those survivors who were not able to get a felony conviction, against being forced to interact with their attacker.

Convictions
                 Image from RAINN

As a swing state, Ohio can have a  particularly strong effect on other states' legislation.  Hopefully these dangerous oversights will be amended in all states, but for now, we can hope to set the precedent in Ohio, by shining a spotlight on Senator Turner's proposed bill.  

If you would like to sign or view the UltraViolet petition, I would urge                  you to do so by clicking the link.  


-Donna


No comments:

Post a Comment