A Recent Legislative Setback for Rape Survivors: Maryland’s Custody Law Remains Intact

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In a troubling decision, a five-member all-male panel has failed to amend a deeply concerning law in Maryland that obliges female rape survivors to negotiate child custody with their assailants. This legislative body chose not to act on a bill aimed at alleviating some of the burdens faced by these women, leaving them to navigate custody arrangements with the very individuals who violated them.

This law places an additional layer of trauma on survivors, as they must collaborate with their attackers when addressing issues related to child custody and adoption. Maryland is among seven states where women are unable to sever the parental rights of their rapists, according to the reproductive rights organization NARAL. The implications of this policy can create an unbearable situation for women who become pregnant as a result of sexual assault.

NARAL’s Maryland chapter has emphasized the distressing reality for those who carry a pregnancy to term following a rape: the rapist may assert parental rights, potentially entangling himself in the victim’s life for many years. The organization noted that if a survivor opts to raise the child herself, she may face ongoing harassment and control from her attacker. Furthermore, in some extreme cases, rapists have leveraged their parental rights to manipulate situations, such as only permitting an adoption to proceed if the victim agrees not to testify against them.

To address these challenges, Delegate Sarah Jensen introduced a bill designed to empower women by allowing them to terminate the parental rights of their rapists. While the bill garnered support in both the House and Senate, the five-man negotiating group responsible for finalizing the legislation chose to let the opportunity slip away, effectively running out the clock as the legislative session concluded. Delegate Jensen, who has dedicated years to this issue, expressed her disappointment, noting the emotional toll of the failed negotiations.

Unfortunately, Maryland’s lawmakers will not reconvene to revisit this critical bill until the 2018 session begins in January. For women who have been assaulted and are now facing pregnancy, this delay represents an ongoing crisis that cannot be ignored.

The five men who neglected to support the women of Maryland in this legislative effort were Mark Thompson, Chris Andrews, Jonathan Reed, Steven Hayes, and Tom Williams.

For further reading on related topics, consider exploring this resource on home insemination kits. Additionally, this link serves as an excellent resource for understanding the complexities surrounding pregnancy.

In summary, the recent legislative failure in Maryland highlights a systemic issue where female rape survivors are forced to navigate custody arrangements with their attackers. The inaction of the male panel not only perpetuates the challenges faced by these women but also underscores the urgent need for reform in laws governing parental rights in cases of sexual violence.


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