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Can a person who commits Statutory Rape resulting in pregnancy have any parental rights?

Can a person who commits Statutory Rape resulting in pregnancy have any parental rights?

Full question:

My 15 year old daughter had a baby by a 27 year old man does he have parental rights after he get ms out if prison for sexual misconduct with a minor.

Category: Criminal
Subcategory: Statutory Rape
Date: 04/07/2025
State: Indiana

Answer:

This issue is an important issue that has or is being addressed in many States. Many States have enacted laws providing that the parental rights of a person who commits rape can be terminated. Some also provide that although the rights can be terminated, child support can still be ordered. Other States deny or restrict visitation rights even though child support can be ordered. A conviction is generally required before any of these actions can be taken.

However, unless Indiana has enacted laws since 2015 we do not find laws in Indiana that address the issue. if they are there we could not locate them. You may want to visit the site below and contact the National Conference of State Legislatures to determine the status of any laws in Indiana dealing with this issue.

See http://www.ncsl.org/research/human-services/parental-rights-and-sexual-assault.aspx

In May 2015, the the Justice for Victims of Trafficking Act was enacted by Congress. Title IV of that act, the Rape Survivor Child Custody Act, increases the amount of STOP formula grant funding under the Violence Against Women Act (U.S.C. 3796gg et seq.) for those states that have a law permitting mothers of children conceived through rape to seek termination of parental rights of their rapists. The increased funding shall be provided for a 2 year period, but may not be awarded to the same state more than 4 times.

Twenty-two states allow for termination of parental rights if the parent was convicted of sexual assault which resulted in the birth of the child. The other 12 states and the District of Columbia deny or restrict custody or visitation if the child was conceived as a result of a rape or sexual assault. Generally, a conviction is required before parental rights are terminated.

Also, some states (Arkansas, the District of Columbia, Illinois, Kentucky, New Jersey, Pennsylvania, Rhode Island, Utah, West Virginia and Wyoming) still allow child support to be collected when the custody and visitation rights have been restricted. However, in Hawaii and Oregon, child support is still required even though parental rights are terminated.

Generally, these statutes fall into two categories:

1. States that Allow for Termination of Parental Rights: Alaska, Colorado, Connecticut, Hawaii, Idaho, Kansas, Louisiana, Maine, Missouri, Montana, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Vermont, Washington and Wisconsin.

2. States that Restrict or Prohibit Custody and Visitation: Arkansas, the District of Columbia, Hawaii, Illinois, Kentucky, Massachusetts, Michigan, Nevada, New Jersey, New York, Rhode Island, Utah, Virginia and West Virginia.

http://www.ncsl.org/research/human-services/parental-rights-and-sexual-assault.aspx

Related:

https://www.congress.gov/bill/114th-congress/senate-bill/178
http://www.avoiceformen.com/feminism/feminist-governance-feminism/legally-obscene/
https://nobullying.com/statutory-rape/
http://criminal.findlaw.com/criminal-charges/statutory-rape.html
https://en.wikipedia.org/wiki/Pregnancy_from_rape
https://www.ccoso.org/sites/default/files/import/Statutory-Rape---guide-to-reporting.pdf
http://www.ageofconsent.com/comments/numbereleven.htm
http://www.americanbar.org/content/dam/aba/administrative/family_law/20141.authcheckdam.pdf
http://clinmedjournals.org/articles/ijwhw/international-journal-of-womens-health-and-wellness-ijwhw-1-004.pdf
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1229&context=djglp
http://sex-crimes.laws.com/statutory-rape/romeo-and-juliet-laws
http://ojp.gov/ovc/publications/infores/statutoryrape/handbook/issu.html

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to process sexual abuse?

Processing sexual abuse involves several steps. First, it's crucial to seek immediate medical attention if needed. Afterward, consider reporting the incident to law enforcement or a trusted adult. Documenting your experience can also be helpful, whether through journaling or speaking with a therapist. Support groups and counseling can provide emotional support. It's important to know that you are not alone, and there are resources available to help you navigate the aftermath of such trauma.

How to deal with being violated?

Dealing with violation can be incredibly challenging. Start by ensuring your physical safety and seeking medical care if necessary. Talking to someone you trust, like a friend or therapist, can help process your feelings. Consider reaching out to support organizations that specialize in helping survivors of abuse. Remember, it’s important to prioritize your mental health and seek professional help if you need it.

What happens when you file a sexual assault?

When you file a sexual assault report, law enforcement will investigate the claim. This may involve taking your statement, gathering evidence, and possibly interviewing witnesses. You may also be referred to victim services for support. Depending on the case, charges may be filed against the perpetrator. It’s important to have support during this process, as it can be emotionally taxing.

How do SA victims cope?

Survivors of sexual assault often cope through various methods. Therapy can provide a safe space to process feelings and experiences. Support groups can connect victims with others who understand their situation. Engaging in self-care activities, such as exercise, art, or writing, can also be beneficial. Each person's healing journey is unique, so finding what works best for you is essential.