A child concieved by rape?

Question

If a child is concieved by rape, what legal rights does the father/rapist have to see this child when he leaves prison?

Answer 1

Hopefully none. I can't imagine you having to hand your child over to a convicted rapist for visitation. I would fight it if anyone told me that I had to!

Answer 2

I wouldn't think not, but in the eyes of the law, he is the child's father, no matter how the child was concieved. If the rapist/father fights for visitation rights, he'll probably have to prove that he has changed and prove that he will not be of any harm towards the child. But that is just my guess as i am not a lawyer or a judge. Our system is so screwed up, it's hard to know anymore.

Answer 3

It depends. If it is statutory rape, often there is no malice perceived between the two parents (I personally know of one case from central Ohio. The father was 21 and the mother 17. Her parents initiated the charges of statutory rape. He was convicted. However, the mother turned 18 about seven weeks after the baby was born and she married him).

In other cases of rape, rather than child support, the offender is sentenced to provide restitution, which is like paying child support but without the visitation allowances.

There's an example of this below.

Oh, by the way, the mother in the case above is working with the father to have is record expunged and it seems he will be cleared sometime this year...their daughter is six now.

Answer 4

In some states, he has no rights at all, but a number of states have failed to address the question, leaving open the possibility of rapists asserting parental rights. From what I can find the states that deny/terminate rapists' parental rights are: California, Connecticut, Idaho, Illinois, Indiana, Maine, Missouri, Nevada, New Jersey, New Mexico, New York, Pennsylvania, South Carolina, and Wisconsin.

Answer 5

Did you press charges?

I hate to say it, but even if you did, until you are standing before the judge, who may or may not be an idiot, you don't know.

Not every man believes a woman when she says she was raped. Or beaten. They may be doing it themselves.

This is not a perfect world.

I would suspect the rapist would at least have the legal "right" to pay back child support with the interest due on it. And pay until the child is 18. Read him that right. He may be trying to scare you.

Answer 6

what a question......
I wouldn't think they have any rights, but would check it out. Am thinking that either you, or someone very close to you is in this position. I would check it out with the solictor, or go to the CAB , as they will be able to find out for you if they don't know.
And think it might also depend on the religion of the raped woman, and the person who commited the rape, as some religions give women very few rights.
When they covered this on a soap some years back, I remeber that the person who commited the rape wasn't allowed to see the child, but it was his Mum who contested the rights..not him..I think.
Good luck!

Answer 7

I wouldn't imagine he would have any rights. Mind you that is assuming the legal system is on the side of the victim which in this day and age is questionable. But if the rapist had visiting rights first of all it would mean his victim would have to come face to face with him, which would be an ordeal in itself and secondly, the child would be in the company of a known and convicted sex attacker which any jury and judge in their right mind, again a long shot, would want to prevent

Answer 8

confident, i might proceed with the being pregnant and raise the toddler. i would not terminate through fact that isn't the toddler's 'fault' for being conceived by way of rape. i could be in extremely some emotional misery, and seeing the toddler as an extension of the rapist could be perplexing to no longer do. whether, I certainly have continuously believed that there is a plan at the back of each baby. there's a explanation why this baby got here to be, and that i might purely would desire to artwork in the process the soreness to work out the blessing.

Answer 9

I shouldnt think he has any, dont accept anything off him such as money or even letters while he is in prison and when he gets out. If you start now then you can filke for a restaraining order and given the fact that he is in prison and was/is dangerous especially to you then you should be successful. If you are in the UK then you can go to the citizens advice bureau for more help.

Good luck

Answer 10

I would have thought none, he possibly wouldn't even know about the child if he had been put in prison. As for the person who said about claim child support - I hardly think if the chid was conceive by rape the mother would be chasing him for CSA, be realistic!!!

Answer 11

None. He went into prison as a very sick man, and time and time again the justice system has proved that even though they set him free, most of the time he isn't rehabilitated. And if she is the one who put him there because of the rape, i think the court system would be causing another rape and possible murder.