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  • #4
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    It takes more than the forcible "donation" of 23 chromosomes to make a parent. These rapists should be banned from any interaction with the child, and they should be forced to work in prison with all their income going to child support.
  • #44
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    I think this is missing the point slightly. What about if the man has not been convicted, but merely accused? That appears to be the situation in the case study in the story.
  • #5
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    Scenario - She and He meet in a bar, have a one night stand and a pregnancy ensues.

    She feels guilty about the "one night stand" and cries rape..falsly accusing He.

    She decides to carry the child to term for their own reasons.

    He and She know the truth about "that night".

    He wants to have a relationship with the child that carrys his genes.

    Should He have custody rights/visitation rights/any rights?

    Why or Why Not?
  • #8
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    yeah I was thinking the same thing you nailed the Catch 22.. wrongful accusations.. I think no matter what in that situation the falsely accused would get the shaft .. unless he could get the Rape charge overturned..
  • #9
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    @Souljah - That's the problem with absolutes.

    Those caught in the middle are never offered help or are assumed guilty until proven innocent.
  • #14
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    This could also apply in cases of statutory rape. Perhaps he is 19, she is 16, and she was an absolutely willing partner.
    More interesting, what if SHE 19 and HE was 16? Can she ban the father from seeking visitation or even custody?
  • #15
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    @Keyjo - Interesting. Remember the Marry Kay Letourneau case?

    He was 13 and she was 35. She was imprisioned for statutory rape. Now she is out, they are living together with 2 kids of their own and one kid by her previous marriage.

    The world is anything but one-size-fits-all.
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  • #1
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    Well first of all this article is VERY MISLEADING... It starts out that "31 states allow a rapist to have custody rights"...But the actual article then says that these men (only a small percentage thereof) may have some kind of "visitation rights"....... NOT Exactly the same thing...?!?!? But I would say the following...That if a woman was raped and that resulted in a birth of a child---the criminal should have NO parental rights at all in the matter except to pay child support to the victim and her child...
  • #39
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    The problem is with the conviction only 5 out of every 100 accused rapist are convicted according to the story. This is a mess no matter which side you take. a woman shouldn't be able to keep a father from seeing his children by simply accusing him. Of rape. I could see that being abused. On the other hand, rapist should have no rights. So we are back to the conviction issue again
  • #42
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    Seriously?? In most cases the victims want NOTHING to do with their attackers. That includes financial help from them too. Sex offenders should not be allowed near kids, especially their own.
  • #7
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    But wait, I thought that any time a rape resulted in pregnancy it would be an unthinkable crime for the woman to have to bring that child to term and not have an abortion? So where are all these children of rapists coming from?

    In any case, I might agree that it would be a travesty of justice to allow a convicted rapist to have custody rights to the child, but it would be an even greater travesty of justice to deny an *accused* rapist custody rights. That would allow any woman to deny any man the ability to see his kid by simply claiming that he raped her.
  • #27
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    @Stratton---It would be an unthinkable crime if the woman did not want to have that child and was not allowed to make her own decision on that matter.....The whole matter in a nut shell is that the woman should NOT have to be "raped again" government telling her how to handle this very emotional and personal situation...
  • #45
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    That was my initial reaction, but I think @ir0nw0lfe's analysis above was pretty good: if it is the case that a very low proportion of rapes result in conviction, then obviously a very high proportion of rape victims face the possibility of sharing custody/visitation with the rapist.

    Isn't there an argument that men could perhaps accept the unfairness you describe? If a man has a partner who falsely accuses him of rape, then (a) he didn't do a very good job choosing, and (b) he is probably better off giving his parental care to some other family.

    After all, the biology of the sexes is pretty asymmetric too. Impregnation is not a high cost.
  • #57
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    @ded - It seems to me that our society would be far better off placing more emphasis on decreasing the incidence of rape. Also, let's not forget that one of the fundamental axions of our judicial system is that it is better for a small number of criminals to go unpunished than for a small number of those unfairly accused to be punished.

    Anybody can be accused of rape, sexual assault, or sexual harassment. You are essentially using the "it was her own fault" argument that is applied to rape victims, but now in the context of the falsely accused. It's easy for you to say he should "give his parental care to some other family", but I'd like to see you explain to a child why they don't get to have a Daddy because Mommy falsely accused Daddy of doing something bad.
  • #6
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    a child should be conceived in the mutual act of love.
    not thru the act of violence. rape is never about love. it is about power over the victim that is raped.
    rapists should never be allowed to have custody or even visitation rights to those kids conceived thru rape. and if the rapist brings a suit to court to gain such. the case should be tossed out.
  • #76
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    It depends on what is in the best interests of the child.

    Statistics seem to indicate that usually a man has raped a woman, but what if a woman rapes a man?

    Does a man have child custody rights of children from another relationship? What if the man has consensual sex which results in conception before he later rapes her?
  • #75
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    Absolutely not! In my opinion when a man rapes a woman and she becomes pregnant and chooses to deliver that child he should be banned from seeing said child until after the child reaches 18. If a "man" and I use that term loosely forces himself on a woman, what's to say he won't do the same thing to the child? Personally, I think a rapist should be castrated - end of discussion.
  • #69
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    NO. Definately not. This shouldn't even be a discussion. It's disgusting to even comtemplate that 31 states would even ALLOW it.
  • #67
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    I can not believe this is happening here, in the country I love. Should a felon who perpatrated an act of violence have rights to visit the child.....NO BRAINER> NO!!!!!!!!
  • #68
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    Rape is difficult to prove. Even when there is DNA the accused can claim it was consensual. And sometimes they are telling the truth, and sometimes they're not. Sometimes there is evidence of a struggle that can help the prosecution, sometimes there's not.
    As with any crime it must be proven beyond a reasonable doubt.
    It would be unfair to innocent men to hold an accusation they were acquitted of against them in deciding child custody.
  • #65
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    If someone is found "not guilty" of rape it shouldn't be held against him (or her).
    But if they are found "guilty" then they shouldn't be allowed near any children. I don't care if he's not a pedophile. What kind of example is a rapist going to show to a child?
    We could really solve this problem by just making the penalty for "rape" life in prison w/o parole.
    There was a case a few years ago near where I live where a woman who had raped a teenage boy and got pregnant was able to get child support!
    She should have never been granted custody in the first place.
  • #63
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    Well if it's only an accusation then there is no legal steps that can be applied. Guess this is why I'm such a grandstander for rape victims to get to the ER as soon as possible for birth control measures and STD prophylactic treatment.
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