Rape is a horrible crime with lifelong consequences – especially if the violation results in the birth of a child. Under current Indiana law, if the offender wanted to assert his parental rights, once paternity is established, there is no absolute legal roadblock to his attaining it. Lawmakers are working to change this situation with the General Assembly’s Interim Study Committee on Corrections and the Criminal Code. They are in the process of drafting legislation that would presumptively deny parental rights to convicted rapists. As recently reported in the Northwest Indiana Times, legislators support this bill on public policy grounds and are working through unaddressed issues related to child support, adoption, and the standard of proof. This effort is to overcome deficiencies in a similar bill introduced in the 2015 legislative session that never made it out of committee. The overarching purpose of the bill is to prevent rapists from using the threat of asserting their parental rights to coerce the victim into not testifying or acquiescing to plea bargains that allow for shorter sentences. A review of the proposed bill appears below.

Who Can Request Termination of Parental Rights?

The parent of a child conceived through an act of rape would have the right to petition the court to terminate the parental rights of the rapist within six months of the birth of the child. The parent must be 18 years old at the time of the rape to file the petition in the parent’s own name. Those victims under the age of 18 when the rape occurred would have two years after turning 18 to file a petition to terminate parental rights if a parent or guardian has not already done so.

When Can the Court Terminate Parental Rights?

The parent petitioning the court to terminate the parental rights of the rapist must establish three things:

• The parent was raped by the person named in the petition;
• A child was conceived as a result of this offense; and
• Termination of parental rights is in the best interests of the child.

This proposed law presumes the termination of parental rights is in the best interests of the child, and in fact, the circumstances of the child’s conception is often enough for a court to find termination is proper. There does not have to be a conviction for rape in order for a court to determine the termination of parental rights is best for the child. Additionally, the new law states the court need only find through clear and convincing evidence, not beyond a reasonable doubt, that the parent was raped and impregnated by the person named in the petition. The person accused of rape would have the opportunity to present arguments against termination of parental rights, but this would likely be very difficult to overcome.

Drafters of the bill foresee obligating the rapist to pay child support until such time as the child is adopted by another parent. Additionally, the bill permits the court to appoint a guardian ad litem or special advocate to represent the interests of the child.

Seek Legal Representation

Being the victim of rape is a truly awful experience that can never be truly corrected, but if a child results from the attack it is essential to speak to an attorney to protect yourself and your child to the fullest possible extent. An attorney can assist with obtaining child support orders and limiting the contact your attacker is permitted to have with you or the child. Christopher L. Arrington, attorney at law, P.C., located in the Indianapolis area, offers legal services on a variety of family law issues. Contact him today to schedule an appointment.