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Can a rapist file for custody?

Purely hypothetical. I know this is a weird question, but all of the abortion issue questions have made me wonder... if a woman is raped and she decides to continue a pregnancy that occurs from rape -- can her attacker file for parental rights? I'm seriously curious. Does anyone know? Can the rapist also try to interfere if she attempts to put the child up for adoption? Since many women are raped by people they know, I am just wondering how this would play out. (I didn't know which category would suit this, but since its a spin off of all the abortion questions, I put it here)

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Asked by Serafyna at 12:26 AM on Oct. 31, 2008 in Religion & Beliefs

Level 3 (19 Credits)
Answers (8)
  • I don't see why not... after all he is the dad.... heck the woman if she wanted to could even go after him for child support.....

    Answer by SAHMinIL at 12:28 AM on Oct. 31, 2008

  • Anyone can file, but win? doubtful

    Answer by Wolfmother at 12:29 AM on Oct. 31, 2008

  • Yes. They can. It is sad, sick, but painfully true. I had no trouble finding case after case of this happening just by googling your question.

    Answer by 3gifts.from.god at 12:33 AM on Oct. 31, 2008

  • well, I guess he could but he'd more than likely end up in jail for the rape charges instead of with custody...

    Answer by flutterfae at 1:14 AM on Oct. 31, 2008

  • There are some states that allow rapists to have parental rights, but I also know there are some who have, thankfully, made it the law that a rapists parental rights are automatically terminated on conviction. Even that is only a partial victory, however, since to many of them go on without a conviction thanks to this societal mentality that blames the victim. Also, there are only a handful of states with such laws. Until the courts wake up and realize that the victims of a rape deserve protection, there will continue to be cases like these women, tortured for years after their rapes because their attackers parental rights were not terminated automatically.

    Answer by jespeach at 5:05 AM on Oct. 31, 2008

  • YES! Most rapists get away with it even when files are charged because it is he said v. she said almost all the time and his word somehow magically means more. So yes, he can file for custody and prevent her from putting the child up for adoption. I have actually talked to women who have to share custody with their rapists.

    Answer by purpleducky at 7:55 AM on Oct. 31, 2008

  • Well, I would say that most likely they would allow them to petition the case. Stranger cases have been won. However, I do have a tid-bit I know from personal experience- my bio mom put me up for adoption after my bio dad went to jail for raping/molesting his other daughter. He did attempt to stop her and they laughed him out of court and severed his rights indefinitely. He did, however, get my phone number and make inappropriate and scary phone calls to me throughout my childhood.

    Answer by mommy2danica at 5:05 PM on Oct. 31, 2008

  • Sure he can. Anyone can file. But I doubt he'd win. If the rape is documented as rape and he is named as the rapist then his chances would be slim. If he is convicted of it and in jail, then he probably can't file because to gain custody you have to be able to provide for them...maybe if he had a family (like a mom) that was willing to be the guardian he might be able to file. A paternity test could be done to prove he is the father even if not listed on the birth certificate and he could deny charges of rape and say it wasa one-night stand and that she wanted (if he's not already convicted).

    I think anyone can file for anything...I mean, look at all the weird lawsuits that get filed...but whether it goes to a courtroom or he gets custody is the doubtful part.

    BTW...I am just guessing here, I don't know much about legal issues like this.

    Answer by seakla at 1:28 PM on Nov. 3, 2008

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