It’s 2015 And Yet, Some States Still Let Rapists Have Custody Of Their Victim’s Baby”

Take a deep breath and try to put yourself in a calm state of mind because what you’re about to read is positively enraging. This video from The Daily Show about how there are still states that let rapists have custody of their victim’s baby is both infuriating and mind-blowing. This was something I never gave any thought to — I suppose I ignorantly assumed that no person in a place of authority to do so would ever let a rapist see a child resulting from their heinous act. Sadly, I couldn’t be more wrong.

Here is the video, which the incredible Samantha Bee still managed to make funny. Her disgust is clear as she deftly weaves her magical brand of humor with the incredulity this subject deserves. She interviews Florida Congresswoman Debbie Wasserman-Schultz (a complete bad-ass in her own right) and what she unveils is highly upsetting:

This quote from the video sums it up pretty well:

Samanta: Every other weekend, you have to meet your rapist in a Denny’s parking lot and hand over your child?

Congresswoman Wasserman-Shultz: Right.

Samantha: This cannot be real.

My thoughts exactly. How is this even a thing? Bee goes on to interview victim advocate Shauna Prewitt, JD, who dealt with this very issue herself. Prewitt brings to light the fact that over 32,000 women in the U.S. become pregnant annually with their rapist’s child and around 10,000 of them decide to raise the baby. As she states, that means there are possibly 10,000 women each year grappling with the issue of whether the man who raped them will get to see the child resulting from it. That is a staggering number and a completely horrifying thought.

In the interview, we learn that Congresswoman Wasserman-Schultz has introduced legislation to fix this problem. The Congresswoman says the bill has support from both pro-life and pro-choice groups. Yet, it didn’t even get a hearing when first introduced. Apparently, a funding issue stopped the bill from moving forward. It would have taken $5 million dollars a year for five years, which Bee points out is the amount of money the government spends to promote fruits and vegetables on social media. Is your blood boiling yet?

The bill has been reintroduced and the Congresswoman thinks it will be passed, however, after the bill passes, it is up to each state to adopt the legislation. She says the states that don’t have these laws in place need to be incentivized in order to do so. As Bee says, why the fuck do the states even need an incentive? Unreal.

Congresswoman Wasserman-Shultz goes on to say that some women are threatened by their attacker to stop pressing charges for their rape and in return, they will stop pursuing custody of the child. I’m sorry, but seriously? This is the awful choice some women are left with?

fing nope

As it turns out, Florida is one of the only states that has it’s shit together with this law. Prewitt says their law is a model for how other states should be handling the issue of rape victims barring their attackers from pursuing custody of a resulting child. Sadly, there are several states that have no laws at all to protect rape victims from this terrible situation. From Fort Lauderdale Divorce Lawyer:

Under the laws of Florida and five other states, a victim may terminate the parental rights of her attacker simply by providing to the court “clear and convincing” proof that she was raped. The laws of 13 additional states require a criminal conviction.

We all know how not often rapists are convicted of their crimes, so there it is. There are potentially thousands of cases each year where a woman is doubly victimized. Raped and then forced to fight her attacker in court over custody of their child. This is absolutely sickening. I can only hope that this legislation passes and that the states without these laws in place pull their heads out of their collective asses and do something to protect these women and their children. I’m ashamed to live in a time and place where this is even a question.

(Video: The Daily Show via Digg.com)

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