NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5299
SPONSOR: Galef TITLE OF BILL: An act to amend the penal law and the family court
act, in relation to terminating the parental rights with respect to a
specific child of a person convicted of rape that resulted in the
conception of such child
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to terminate the parental rights of a
person convicted of rape resulting in the conception of a child.
SUMMARY OF PROVISIONS:
Section 1. Section 130.92 of the Penal Law is amended by adding a new
subdivision 4. 4. The parental rights and responsibilities with respect
to a child of a parent convicted of the crime of rape in the first
degree as defined in section 130.35 of this article, rape in the second
degree as defined in section 130.30 of this article, or rape in the
third degree as defined in section 130.25 of this article, that resulted
in the conception of such child may be terminated in accordance with
section five hundred sixty-six of the Family Court Act.
Section 2. Article 5 of the Family Court Act is amended by adding a new
part 6. PART 6 TERMINATION OF PARENTAL RIGHTS UPON CONVICTION § 566.
Termination of parental rights and responsibilities upon conviction for
rape. (a) The parental rights and responsibilities with respect to a
specific child of a parent convicted of the crime of rape in the first
degree, rape in the second degree, or rape in the third degree, that
resulted in the conception of such child, may be terminated in accord-
ance with this section. (b) The petition for termination may be filed by
the other parent or, if the other parent is a minor, the parent or guar-
dian of the other parent. (c) The petitioner may file a petition with
the court that requests the termination of the parental rights and
responsibilities of the convicted parent and alleges: (1) that the
parent was convicted of the crimes out lined above, and (2) that such
crime resulted in the conception of the child. (d) Upon receipt of the
petition, the court shall commence a hearing to determine whether the
allegations have been supported by clear and convincing proof. If such
allegations have been proved, the court shall terminate the parental
rights and responsibilities of the parent.
Section 3. Establishes the effective date. DIFFERENCE BETWEEN ORIGINAL
AND AMENDED VERSION (IF APPLICABLE): Not applicable at this time.
JUSTIFICATION:
A study concluded in the year 2000 estimated that in the U.S., 25,000
rape-induced pregnancies occur annually. Without laws in place to
protect the victim of rape and child conceived of rape, rapists have the
same parental rights and privileges as any other parent would. "As a
result of this legal absence, raped women and their children are left to
face substantial and potentially terrible consequences... they may be
forced to share custody privileges of their children with their rapists,
to ensure their rapists' access to their children, to foster their
rapists' relationships with their children, and, in some cases, to make
joint decisions about their children's welfare." (Shama R. Prewitt,
Giving Birth to a "Rapist's Child": A Discussion and Analysis of the
Limited Legal Protections Afforded to Women Who Become Mothers Through
Rape, Volume 98, Geo. L.J., 827 (2009)). The victim of a rape who is
forced to constantly interact with the rapist may never fully heal from
the trauma of rape. This trauma may cause a parent to fear for their own
safety as well as the safety of their children. This can hardly be
considered a safe or emotionally stable environment for a child.
In addition, rapists may use the threat of custody as a method by which
they can avoid being prosecuted for the crime of rape. "Some rapists may
capitalize on these women's fear of sharing custody or visitation rights
by manipulating them into dropping or failing to initiate criminal
charges in exchange for an agreement to voluntarily terminate parental
rights." (Id.) It is the state's responsibility to protect children and
the victims of crime. It is also the state's responsibility to ensure
that rapists are adequately punished. However, allowing rapists who have
conceived a child to terrorize their victims in perpetuity through
parental rights runs counter to the state's obligations. This bill would
help the victims of rape begin their healing process without being
forced to constantly interact with their rapist, as well as help keep
convicted rapists from manipulating their victims into dripping criminal
charges against them.
PRIOR LEGISLATIVE HISTORY:
A. 10093 of 2015/2016
A. 6238 of 2015/2016 (Honorable Clark)
A. 3068 of 2013/2014
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
