Denies custody of a child to a parent convicted of rape

1 Co-sponsor

• Kevin S. Parker

BILL NUMBER:S3006

Title of bill

An act to amend the domestic relations law, the family court act and the penal law, in relation to denying custody of a child to a parent convicted of rape

Summary of specific provisions

The bill seeks to ensure that no court shall award custody to a parent who has been convicted of violating section 130.25 (rape in the third degree), 130.30 (rape in the second degree), or 130.35 (rape in the first degree) of the penal law, where the child that such parent seeks custody or visitation of was conceived as a result of such rape.

The bill amends Section 60.27 of the penal law by adding a new subdivision 15 Chat provides that the person convicted of rape in the third degree, second degree, or first degree as defined in the sections of the chapter wherein a child is conceived and delivered as a result of such rape, the court will, in addition to any sentencing, order restitution to the victim in an amount that shall provide for the child until such child achieves the age of twenty-one years.

Existing law

Subdivision 5 of section 240 of the Domestic Relations Law, as added by section 103 of Chapter 398 of the laws of 1997, by not prohibiting custody or visitation rights of a rapist's offspring, permits the rapist to petition the court for custody or visitation rights.

Justification

New York is among the 26 states that limit the protection afforded to women who become mothers through rape. Pregnancy from rape occurs with "significant frequency" and it is estimated that while 50% of the women who become pregnant through rape abort the fetus, and 5% place the infant for adoption, over 30% opt to keep the child. It is estimated that 12% of adult women in the United Sates have been victims of a rape.

It appears that in New York State the least protection is afforded to women with offspring resulting from rape In New York State the father of such an offspring enjoys custody and visitation rights, circumstances that serve to compound the initial act of violence and subjects women to the reprehensible reminder of their violation.

This bill seeks to deny rapists any right to custody and visitation privileges over their rape-conceived children. Moreover it seeks to have the rapist pay restitution to the mother of the raped-conceived child and by doing so excluding the rapist from Family Court rules. (Custody and Wages of Children)

Effective date

Immediately.