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Loss of Parental Rights For Rapists Should Be A No-Brainer

by | Oct 3, 2021 | Decisionmaking & Parenting Time

A rapist who fathers a child through sexual assault should not be allowed to have any parental rights. That’s a no-brainer. But then why has it taken so long for the Arizona legislature to address this issue? Rape is such a heinous act, but the fact is that there have been cases in other states where a man whose sexual assault resulted in the conception of a child petitioned the court and was later awarded parenting time with that child.

Can you imagine a mother in this type of scenario being forced to share custody of her child with the man who raped her? That, itself, should be considered a crime.

Arizona’s new law, S.B. 1007, if passed, will add sexual assault that led to the conception of a child to the list of evidence sufficient to justify the termination of the parent-child relationship of the parent who committed the assault.

The provisions of the bill will allow a parent or agency to file a Petition to Terminate the parent-child relationship, and the perpetrator’s parental rights can be terminated upon a finding, by clear and convincing evidence, that the parent committed a sexual assault that resulted in the child being conceived. It also allows the Court to accept a guilty plea or conviction for sexual assault as evidence that the child was conceived as a result of a sexual assault by that parent.

This new law is fair and right and will prevent ongoing trauma and abuse. It will stop a mother who was the victim of rape from being re-victimized over and over again by her rapist. But it makes you wonder: Why did it take so long?

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Let's Discuss Your Case - We're Here For You.

When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.

DISCLAIMER: Over time, new laws are enacted and existing laws are often revised or taken off the books; and new appellate court cases interpreting the laws are constantly being handed down by the higher courts. The information in our blog posts was accurate when written, but because the law is always changing, that information may not be current later, when the blog post is read. Therefore, if you have a legal issue, it is best to speak with an attorney in order to assure that the information you receive is up to date.

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