Assemblyman Al Stirpe Helps Pass Laws Protecting Victims of Domestic Violence, Sexual Assault and Their Children

“We couldn’t allow sexual predators to continue harassing and intimating their victims years after the attack occurred. That’s why I fought to pass new laws which will implement much-needed protections for women and children so that they can heal and move on with their lives,” Assemblyman Al Stirpe said.

Assemblyman Al Stirpe (D-Cicero) co-sponsored a law to limit the parental rights of convicted sex offenders when a child is conceived as a result of sexual assault (Ch. 371 of 2013). Prior to this enactment, the law regarding the custody and visitation rights of sex offenders didn’t explicitly restrict rights when the child is conceived as a result of the perpetrator’s assault.

Previously, only a person convicted of first degree rape, where the child was conceived as a result, lost the right to be notified of an adoption or social services proceeding. Consequently, perpetrators could file or threaten to file petitions of visitation and custody in order to dissuade their victims from seeking criminal charges against them.

The new law expands protections for women and their children who were conceived as a result of rape in the first or second degree. It also restricts parental rights of those convicted of sexual conduct against a child in the first degree, predatory sexual assault or predatory sexual assault against a child. Specifically, this law:

  • restricts placement of a child, who was conceived as a result of sexual assault, in the custody of the convicted sex offender;
  • restricts parental visitation rights of a convicted sex offender;
  • denies the sex offender the right to receive notice of adoption proceedings; and
  • excludes the sex offender from the right to receive notice of social services proceedings like foster care, guardianship or custody.

“Why New York State allowed rapists to file for custody or seek visitation rights is beyond me. I’m glad we fixed this glaring mistake,” Stripe said.

Assemblyman Stirpe also supported a law that expands access to the State Order of Protection Registry for local correctional facilities employees as well as employees of the Department of Corrections and Community Supervision (DOCCS) who are responsible for monitoring, supervising or classifying inmates or parolees, affording victims of domestic violence greater protection (Ch. 368 of 2013).

By giving these employees access to the registry, they can consider the crimes inmates are incarcerated for, the orders of protections issued against them and the safety of their victims when crafting release and supervision plans.