Virginia’s governor signed legislation last week to prevent rapists from claiming parental rights to children born of the sexual assault.
Virginia is one of two states where rapists can still make such claims.
A sexual assault survivor worked for years to get the measure approved after she was raped by an abusive partner and decided to have the baby.
“I never for one second thought I would be forced to co-parenting with him,” she told News4. “That never even crossed my mind.”
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But in Fairfax County court, her former partner petitioned to share custody. After years of court battles, his request was approved.
The survivor said it’s been traumatizing.
“The court system is, you know, they were not willing to take into consideration how the child was conceived,” she said. “It’s just that a child was conceived.”
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One in every 42 women reports becoming pregnant as a result of rape, according to the Rape, Assault and Incest National Network (RAINN). An estimated one in three of them decide to have the baby.
In her anguish, the survivor said she connected with several sex assault support groups – including RAINN – and discovered through research Virginia was one of only two states that didn’t give sex assault survivors a way to block their rapist from their child’s life.
State Del. Karrie Delaney, D-Fairfax County, sponsored a measure to change that.
“It’s heartbreaking to know that there is someone who is living through this ongoing torture of having to co-parent with the man who raped her,” she said.
The bill just signed by Gov. Glenn Youngkin, R, will allow rape victims who decide to have the child to seek court action to keep the rapist from ever claiming parental rights.
“As soon as her child is born, she would have the opportunity to petition the court, but I think also knowing that if a claim for paternity ever came forward, that would also give her a legal remedy to stop it,” Delaney said.
The new law does not require the survivor’s rapist be criminally convicted, but it does set a high standard for what must be shown in court.
“The mother has to show by clear and convincing evidence that the child was conceived of rape, and if that’s the case, there’s no pre-existing relationship, parental rights are not established in the first place,” said Mollie Montague of RAINN. “The bill stops the problem before it starts.”
Although it’s unlikely the sex assault survivor who spoke with News4 will be able to take advantage of the new law, she’s gratified with the result of her efforts.
“It was incredible,” she said. “And I don’t want to get too emotional, but it felt like justice to be able to give my family possible options and other women and children options.”
She said she’ll continue to speak to sex assault survivor groups to make sure other mothers know there is a new path available for them.
If you or someone you know needs help, call RAINN at 1-800-656-4673.
Resources for victims of sexual assault are available through the National Sexual Violence Resources Center and the National Sexual Assault Telephone Hotline at 800-656-4673.
