Rapists can sue for WHAT??

I recently received an email from Nita and Shaunna, over at UltraViolet, explaining how rapists in 31 states are able to sue for custody and visitation rights, in the event that their acts of violence create progeny?!?!?!?  We need to sign the petition for Ohio, and get the law changed in that state.  Other states will likely follow if Ohio's bill passes.



Here is a copy of that email's pertinent parts:

Remember Ariel Castro? He held 3 women captive for 10 years in his Ohio home. He repeatedly assaulted them, and one woman became pregnant and had a daughter as a result of the rapes.

But here’s a piece of the story that didn’t make headlines: Castro could have sued the mother for visitation rights even though he is a known rapist. Why? Because Ohio is one of 31 states that allow rapists to sue for custody and visitation rights.1

No survivor should have to worry that her attacker is going to sue her if she becomes pregnant and has a child because of the rape. No one should have to spend a lifetime tethered to their rapist, especially if it means watching a violent offender raise your child. But this is a potential reality for the 32,000 women who become pregnant from rape each year.2

In Ohio, State Senator Nina Turner has introduced a bill that will help protect these women, and passing it could tip off a wave of similar bills in other states. Right now, Turner’s bill is stuck in committee, and it needs a bright national spotlight to pass.

Will you sign the petition to Ohio State Senator and Criminal Justice Committee Chairman John Eklund demanding he push the Protect Rape Survivors bill forward?

Right now, other states are considering similar legislation, including New Hampshire and Vermont.3 But Ohio is a large, swing state and passing such a strong bill there could encourage a number of other states to follow suit. And best of all: Ohio’s bill is strong, and survivors and advocates are supporting it as a model for other states.

Just ask survivor, advocate, and mom Shauna Prewitt. Prewitt was raped her senior year of college and chose to raise the daughter conceived during that rape. But because of a lengthy and expensive legal battle with her rapist who wanted custody, she dropped the assault charges in exchange for sole custody of her daughter. Since then, Prewitt has become a lawyer and outspoken advocate for survivor rights.4

Prewitt has made it clear: no survivor should have their rapist threaten to take away their child.
Ohio’s bill fixes this. Unlike other states, Sen. Turner's bill in Ohio will not require a sexual assault conviction before terminating a rapist's parental rights.5 Instead, a survivor can provide evidence “beyond a reasonable doubt” during custody hearings to get a rapist’s custody revoked.6 This is critical because only 4% of rapes end in a felony conviction.7 That puts an astronomical and unfair burden on survivors who choose to raise a child conceived from rape.

If we can put a national spotlight on Ohio, it will send a signal to other states that this is the model to follow. But that might not happen, unless we get State Sen. Turner’s bill out of committee. Will you sign the petition asking the committee chairman to push the Protect Rape Survivors bill forward?

Add your name.

Thanks for speaking out.
--Nita, Shaunna, Kat, Karin, Malinda, Adam, Gabriela, and Holly, the UltraViolet team

Sources:
1. Ohio Senator Trying To Change Rape Custody Law, WOUB News, January 15, 2014
Lawmakers Propose Bill To Prevent Rapists From Claiming Child Custody, Think Progress, July 26, 2013
2. Lawmakers Propose Bill To Prevent Rapists From Claiming Child Custody, Think Progress, July 26, 2013
3. Ibid.
4. Raped, pregnant and ordeal not over, CNN, August 23, 2012
5. Lawmakers Propose Bill To Prevent Rapists From Claiming Child Custody, Think Progress, July 26, 2013
6. SB 171, Ohio Legislature, 2014
7. Reporting Rates, RAINN, 2006

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