Bill to help victims terminate rapists’ parental rights clears committee
AUGUSTA — A large bipartisan majority of lawmakers on the Legislature’s Judiciary endorsed a bill by Sen. Bill Diamond, D-Windham, to empower victims who became pregnant as a result of rape to sever the parental rights of the man who raped them.
The committee endorsed the bill in a 10-1 vote. The bill now goes to the Senate for an initial vote.
Sen. Bill Diamond, D-Windham, talks to a TV news crew about his bill to assist rape survivors.
“This bill is part of a national effort to recognize that rape victims too often face high hurdles in the pursuit of justice,” said Sen. Diamond. “No one believes a victim should be forced to co-parent with her attacker, but the current law is not equipped to help her. This bill fixes that, and I’m pleased to have the committee’s support.”
In Maine, 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.
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