Should Rapists Get Custody of Their Child When a Raped Woman Rejects Abortion?

State   |   Sarah Zagorski   |   May 20, 2015   |   11:49AM   |   Lansing, MI

On April 21, the Rape Survivor Child Custody Act (H.B. 4481) was introduced in the Michigan Legislature and the bill received its first hearing on May 19th. Michigan Right to Life said the following about the legislation on their blog: “H.B. 4481 would allow a rape survivor who becomes pregnant from assault to petition the family court to terminate the parental rights of her assailant under a “clear and convincing” evidence standard and without the necessity of a criminal conviction.”

They added, “Current law provides for the termination of parental rights of a man who impregnates a woman via sexual assault if he is convicted of felony rape. Unfortunately, felony rape convictions are difficult to obtain and require a legal standard of “beyond a reasonable doubt”. This bill would make the standard for termination of parental rights the same as for those who abuse or neglect their child.”

It’s hard to believe that a rapist would have the audacity to try and attain parental rights after assaulting a woman; however, that is exactly what happened to rape victim Shauna Prewitt. After her daughter was born, the rapist sued Shauna for legal custody of her child but thankfully, lost. Now she works as a lawyer helping other rape survivors avoid some of the heartache she went through.

She told CNN that in many states, “…men who father through rape are able to assert the same custody and visitation rights to their children that other fathers enjoy.”

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Shauna also shared her story in a television clip to encourage women to choose life for children conceived in rape. As LifeNews previously reported, Shauna was raped while attending college and described her experience like this: “The best way I really can describe being raped, it’s really like a death. We live in a culture where children who are conceived in rape are still spoken of in terms of an animal’s child, a monster’s child. She’s wiped away my tears when she didn’t understand why I was crying and has just been with me through the darkness.”

Watch Shauna’s video below.