Senate enacts bill to let victims sever their rapists' parental rights

AUGUSTA — The Maine Senate on Wednesday enacted a bill that will provide meaningful recourse to allow victims who become pregnant as a result of rape to sever the parental rights of the man who raped them.

The bill was sponsored by Sen. Bill Diamond, D-Windham, who hailed its enactment as a victory for sexual assault victims. It was enacted with a unanimous vote.

“I cannot imagine the pain felt by a woman forced to to co-parent with a man who raped her,” said Sen. Diamond. “Unfortunately, without this bill becoming law, that scenario is all too possible in Maine. This law will empower survivors, and their children, to live their lives without the constant remind of having been raped. It’s the right thing to do, and I want to thank my fellow senators for supporting this bill.”

Under Maine’s current law, a man convicted of rape in a criminal court can already be stripped of parental rights to children conceived during their crime. However, the criminal standard of proof is far too high to protect victims of sexual assault.

Research shows that a shockingly low percent of rapes are even reported, and even fewer rapists are ever convicted. Rape cases are notoriously difficult to prosecute, so even when charges are brought, attorneys often negotiate agreements to allow rapists to “plea down” and accept a lesser charge. Under current law, victims are unable to seek termination of parental rights without a criminal conviction.

Diamond’s bill — LD 1477, “An Act to Protect Victims of Sexual Assault” — would allow victims to petition the court to terminate their attackers’ parental rights absent a criminal conviction by presenting “clear and convincing evidence” that the child was conceived as a result of rape. This is the same standard applied in considering the termination of parental rights for any other reason.

The federal government believes the current barriers facing rape victims are too high. The Rape Survivor Child Custody Act was passed by Congress and signed by the president in 2015. It provides incentives to urge states to pass laws such as LD 1477.

LD 1477 now heads to Gov. Paul LePage, who has 10 days to sign the bill into law, veto it, or let it become law without his signature.

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