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I Rejected Abortion After Rape, Then The Rapist Sought Custody of My Child

This is just nuts. Kudos to this woman though.

My custody case in Florida against my rapist started in 2010 and went on for a little over two years. Though I had a restraining order and had pursued prosecution, he was not convicted of rape. At the time he sued for custody, I did not know how many states had no or limited legal protection at that time from a rapist biological father when the child was conceived from his attack. Those states which had laws required a rape conviction. For me, all that counted at the time was that Florida had no legal protection at all for this. I recall the judge asking if there was any law to prohibit this — even a federal law –and me replying: “Not yet, but I am working on it.”
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dcs said...

I'm not sure I understand why requiring an actual conviction for rape (or similar offense) is unreasonable.

The "clear and convincing evidence" standard is supposed to be an indicator of future behavior that would threaten the welfare of the child. Applying this same standard to accusations of rape doesn't seem quite right.

Last, pro-lifers have often pointed out that laws that allow for abortion in cases of rape, incest, etc. will tend to increase the incidence of false rape accusations. It's hard to see how enacting the same sort of legislation for custody law wouldn't have the same sort of effect.

Kelli said...

That's exactly what I was thinking... if there is clear evidence of rape, shouldn't there have been a conviction then? In those cases I would agree of course there should be no custody or visitation or parental rights whatsoever... but without a conviction, couldn't any woman just claim rape in order to keep the father away?

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