1. Home
  2. »
  3. Parenting Time
  4. »
  5. Loss of Parental Rights...

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

by | Oct 3, 2021 | Children, Custody, Family Law, 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?

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. Schedule your comprehensive attorney consultation now and we can discuss the entire case.

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.

Client Reviews

Very honest

November 2009 I retained Mr. Frank almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…

– Judy K