Diamond's bill would help rape victims sever their attackers parental rights

AUGUSTA — Advocates for Maine women and victims of sexual assault voiced their support Wednesday for a proposal in the Maine Legislature that would make it easier for victims of sexual violence to strip their attackers’ of parental rights to children born as a result of rape.

The bill, sponsored by Sen. Bill Diamond, D-Windham, was the subject of a public hearing before the Legislature’s Judiciary Committee.

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 negotiated 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.

“… Forcing a victim of sexual assault to co-parent with her rapist for many years after the crime is cruel and perpetually retraumatizing,” said Danna Hayes, public policy director for the Maine Women’s Lobby, which testified in support of the bill. “Maine’s current law acknowledges this reality, however, the law as it stands has one major flaw that likely prohibits the vast majority of victims from being able to seek redress: the requirement that a rapist must be convicted before a victim can petition the court. This threshold unfortunately neglects to acknowledge the reality that sexual assault is significantly under-reported.”

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.

“The burden of proving this standard would be high, and yet would allow for the victim to avoid the criminal process, which we know is a significant deterrent to reporting sexual violence,” said Elizabeth Ward Saxl, executive director of Maine Coalition Against Sexual Assault, in written testimony.

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.

“Imagine the anguish of a rape victim who, unable to obtain a conviction against her attacker, is told she must co-parent with the man who raped her,” said Sen. Diamond. “That is unconscionable. This bill will not prevent all rape. No bill could. But it will go far in allowing victims a shot at peace of mind, knowing they can cut their rapist out of their life for good.”

The Judiciary Committee will consider the bill further at an upcoming work session, most likely next week.

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