I’m working with legislators all over the U.S. to properly provide for the termination of parental rights of rapists, utilizing the clear and convincing evidence standard, but help is needed to get bill sponsors in the 50% of states which currently require a rape conviction.
Under the Federal Rape Survivor Child Custody Act, your state will only be eligible for additional Federal funding for rape victim programs if you pass a law using the clear and convincing evidence standard, which according to the U.S. Supreme Court in Santosky v Kramer, meets due process requirements in termination of parental rights cases since it’s a civil matter, not a criminal matter, and clear and convincing evidence is the highest civil standard.
I’ve successfully litigated several cases now under the Michigan Rape Survivor Child Custody Act, and I’ve helped others to obtain counsel around the country. Additionally, I’ve testified as an expert witness before legislative committees around the U.S. and even got this legislation introduced internationally. We have multiple blogs published on Save The 1 with real stories of women and children affected.
For those in North Carolina, this is the current version of your law:
N.C.G.S.A. Section 7B 1111 (a) (11) “The parent has been convicted of a sexually related offense under Chapter 14 of the General Statutes that resulted in the conception of the juvenile.”
It needs to be amended to read: “The parent has been convicted of a sexually related offense under Chapter 14 of the General Statutes that resulted in the conception of the juvenile, or upon a fact-finding hearing the Court finds by clear and convincing evidence that the juvenile was conceived as a result of non-consensual sexual penetration by the parent.”
This section in the North Carolina code needs to be modified as well:
§ 50-13.1. Action or proceeding for custody of minor child. (a) (See Editor’s note) Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child, as hereinafter provided. Any person whose actions resulted in a conviction under G.S. 14-27.21, G.S. 14-27.22, G.S. 14-27.23, or G.S. 14-27.24 and the conception of the minor child may not claim the right to custody of that minor child.”
This last sentence needs to be amended to read:
“Any person whose actions resulted in a conviction under G.S. 14-27.21 — G.S. 14-27.33 and the conception of the minor child may not claim the right to custody of that minor child, or upon a fact-finding hearing the Court finds by clear and convincing evidence that the juvenile was conceived as a result of non-consensual sexual penetration by the parent.”
The original language fails to acknowledge convictions for other very serious sexual offenses. Since most sex offenders are given plea deals, it’s extremely common for them to be convicted of a lesser offense, so these all need to be included.
I litigated a case in which the rapist should have been convicted of 1st degree criminal sexual conduct for raping a 12 year old, with a mandatory minimum incarceration of 25 years to life in prison. Instead, he was arrested and convicted of attempted criminal sexual conduct and only served 6 months in county jail, bot out and after a second conviction with a plea deal of mere sexual contact of a 2nd minor child, or spent only four years behind bars, and then was awarded parenting time and joint legal custody. The Michigan Rape Survivor Child Custody Act just passed a year before is what ultimately protected my client and her child, and I was honored to represent her pro bono.
Minnesota is currently the only state without any provision, but we are working on really ideal legislation right now. To find out if your state is one of 24 states which require a rape conviction, here’s the NCSL (National Conf of State Legislators) page on it:
http://www.ncsl.org/…/parental-rights-and-sexual-assault.as…
Please contact me if you’re interested in working on this legislation in your state to protect rape survivor mothers and their children! www.rebeccakiessling.com
