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Thread: Shauna Prewitt Raped and Left Pregnant, Rapist Sues For Parental Rights

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    Shauna Prewitt Raped and Left Pregnant, Rapist Sues For Parental Rights

    Shauna Prewitt
    Shauna R. Prewitt is a lawyer in Chicago. She is the author of "Giving Birth to a 'Rapist's Child': A Discussion and Analysis of the Limited Legal Protections Afforded to Women Who Become Mothers Through Rape," written for the Georgetown Law Journal.
    Chicago, Illinois (CNN) -- When I was in law school, my criminal law professor introduced us to the crime of rape by reading us a quote from Lord Chief Justice Sir Matthew Hale, a 17th-century English jurist: "In a rape case it is the victim, not the defendant, who is on trial."

    It was not merely a history lesson. I had lived it.

    While a student in my final year of college, at age 21, I was raped. I have dissected that moment -- the horrifying moment that I became a "victim" -- from every possible angle. I have poked and prodded, examined and re-examined. Regrettably, I have even suspected myself in a desperate, ultimately futile attempt to understand how I became a victim.
    But blaming myself was neither my idea nor my first inclination. I thought such 17th-century notions were long dead. I was wrong. People who did not even know me were quick to comment or speculate on my rape. What were you wearing? Did you scream loudly? Did this occur in public?
    As my history lesson said, I found myself on trial, facing the most fierce judge and jury: ignorance.
    Eight years after my rape, I find myself on trial against ignorance again. Rep. Todd Akin's recent comments that "legitimate rape" rarely results in pregnancy not only flout scientific fact but, for me, cut deeper. Akin has de-legitimized my rape.

    You see, nine months after my rape, I gave birth to a beautiful little girl. You could say she was conceived in rape; she was. But she is also so much more than her beginnings. I blissfully believed that after I finally had decided to give birth to and to raise my daughter, life would be all roses and endless days at the playground. I was wrong again.

    It would not be long before I would learn firsthand that in the vast majority of states -- 31 -- men who father through rape are able to assert the same custody and visitation rights to their children that other fathers enjoy. When no law prohibits a rapist from exercising these rights, a woman may feel forced to bargain away her legal rights to a criminal trial in exchange for the rapist dropping the bid to have access to her child.

    When faced with the choice between a lifetime tethered to her rapist or meaningful legal redress, the answer may be easy, but it is not painless. For the sake of her child, the woman will sacrifice her need to see her once immensely powerful perpetrator humbled by the court.
    I know it because I lived it. I went to law school to learn how to stop it.

    Having fought this injustice for the past several years, I have come to believe that ignorance is to blame for this legal absence. Opponents argue no woman would ever choose to raise the child she conceived through rape. The only two studies to analyze the choices made by pregnant raped women indicate otherwise -- at least 30% of women who conceive by rape make this choice.

    Others argue that no rapist would ever seek parental rights. Not only does my experience and that of others I know prove otherwise, but it is not surprising that a man who cruelly degrades a woman would also seek to torture her in an even more agonizing way, by seeking access to her child.

    Today, it seems we may face a new and unbelievable challenge: convincing legislators that women can conceive when they are raped.
    'Rape is rape'
    Make no mistake, my efforts and the efforts of others to persuade legislators to pass laws restricting the parental rights of men who father through rape will be directly impacted by Akin's recent comments. [...]

    Either we will fight ignorance and take steps to legislate for raped women based upon reason and facts, or we will be led by ignorance and continue to make bad laws. Or fail to make good ones.
    http://www.cnn.com/2012/08/22/opinio...html?hpt=ju_t5
    Last edited by Whisper; August 28th, 2012 at 08:08 PM.

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    Omg I detest ignorance. Smdh at Mr. Akins, he should be ashamed of himself. I also hate those who blame victims of rape for being victims as if there was something they did wrong that made them be victimized.
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    Quote Originally Posted by CbabyRKO View Post
    Omg I detest ignorance. Smdh at Mr. Akins, he should be ashamed of himself. I also hate those who blame victims of rape for being victims as if there was something they did wrong that made them be victimized.
    I went to school with a girl that was raped by a seasonal worker
    he was back in his country before she knew she was preg but had the most beautiful model looking little girl and treated her like any other mother would a loving child

    and I grew up with 2 girls that were the results of rapes and one the grandmother took custody at birth and raised her and she became a dr
    and the other one the mom kept but treated like shit and she became a stripper
    Last edited by Whisper; August 28th, 2012 at 05:25 PM.

    For every murdered child
    We fly with all prevailing winds of change,
    For any quirk of fate we may arrange.
    We are not "meek" or "mild";
    Don't turn your back when twilight dims the sky -
    We'll haunt the perpetrators till they Die
    "Rescuing one animal may not change the world, but for that animal their world is changed forever!" - Unknown

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    The thought of being tethered to your rapist the rest of your life is mortifying.
    If I swallow anything evil, put your finger down my throat...

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    I was pretty disgusted at a lot of the comments, accusing this woman of fabricating the whole thing, even though it was TAPED. The lack of compassion for their fellow human is astonishing, and repugnant. These people, I believe, also did not read enough to see that this man was CONVICTED of rape, and that the legislation in question is only in regards to those who are CONVICTED of rape.
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    I think the sad thing is that most Rapes still go unreported. And that the bastard can then try to apply for rights to the child is the final insult. I know the laws differ in each country, but spousal Rape, or those you live with as a partner is still not taken too seriously in the UK, different way of asking for it, it's expected from you. Not my opinion. Just the way it is. I've managed to keep my boys Father away from us by learning the Law too. I would hate for them to learn the truth but I was fortunate enough to read and relay enough other info to the courts to keeo us relatively safe without bringing Rape into it. No child should grow up knowing they were forced into the world.

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    The most disgusting part of this is you know damn well the rapist doesn't want to be a father to the child. I can not reconcile in my mind a rapist having the fatherly intentions when it come to a child. His whole intent is to terrorize his victim even more. This has to be stopped!
    If I swallow anything evil, put your finger down my throat...

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    This is another form of violence for the rapist to inflict upon not only the initial victim, but an innocent child. If this animal is allowed to speak to the child, he has the opportunity to paint himself as a saint & blame the mother as a vindictive woman. Giving him the chance to poison a child's mind against their mother is abhorrent.
    This is simply point-blank wrongness that needs to be addressed with all vigor in the various "State Houses" as quickly as possible with solid, strong law.
    Last edited by Wolf_of_Mars; August 29th, 2012 at 10:42 AM.

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    Akin can go forcibly fuck himself and not get pregnant. I don't like him BUT I will stand by his right to his freedom of speech, moronic as it was.

    As far as his comments go, if they bring to light such things as this, I have to believe that morons like him serve a greater good. I've never even considered the fact that a rapist can sue for visitation rights if they create a child born of that rape. Now that I have, I am enraged!!! I think I may have found another cause. I've been leaning towards working in victim's assistance programs anyway. I want to kick the everlovingshit out of ANYONE who even thinks this is remotely right.

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    I was under the impression that a rapist is violent and a considered a danger to the community...so why would anyone knowingly give a violent dangerous predator access to a child? I mean its common sense

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    You'd hope it would never happen, and in cases of "Stranger Rape" it's more unlikely to. Relationship Rape is still a different matter, I can only speak from the UK point of view, but the current law, since 2002, gives Fathers Parental Responsibility regardless, it's upto the victims to prove it, but how you you prove Rape with no witnesses?

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    I dunno..to me..rape is rape whether i know u or not..n i thought that if the the victim lives...THEY are the witness..n if that rape results in a pregnancy i would think that dna from a rape kit matching dna from baby matching dna from accused rapist would be enough proof to lock this dangerous predator away for a long time...rather than giving him access to his victim and rights to her baby...wtf???? Wheres this at again?

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    Here's proof that not all lawmakers from Missouri have their heads up their rear ends:

    Missouri women who get pregnant as a result of rape have new legal protections beginning today that will prevent their attackers from using civil courts to harass them.

    Under provisions of a wide-ranging bill governing judicial procedures, men accused of rape no longer will be able to assert parental rights through a paternity lawsuit while their criminal case is pending. The bill, which amends more than three dozen sections of state law, was approved by lawmakers during the legislative session that ended in May.

    Missouri law currently denies parental rights to anyone convicted of forcible rape and allows the termination of parental rights in other types of rape and sexual assault cases. But the law was silent on civil actions that begin before a conviction.

    "What we didn't have in place was a way to halt paternity actions for what is often a long time before a criminal trial begins and concludes," said Colleen Coble, executive director of the Missouri Coalition Against Domestic and Sexual Violence. "There was a gap in Missouri law to protect a rape victim who had born a child as a result of rape."

    The bill's provisions concerning rape victims stand in contrast to recent comments by U.S. Rep. Todd Akin, Republican candidate for Senate, in which he said victims of "legitimate rape" rarely get pregnant. Akin has since apologized for using the term "legitimate rape" and admitted he was wrong about the likelihood of pregnancy.
    The rest of the article is here. It was a bipartisan effort, too!


    Do the math.

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    Missouri law currently denies parental rights to anyone convicted of forcible rape and allows the termination of parental rights in other types of rape and sexual assault cases. But the law was silent on civil actions that begin before a conviction.
    Looking at that, obviously they need to prevent frivolous rape accusations being made against a man as part of a custody case. That would explain the apparent "hole" in the law.



    Sounds like more places could so with this kind of protection put into effect, though.
    Last edited by Abroad; August 30th, 2012 at 04:02 PM. Reason: Adding the quote for clarity
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    http://www.bbc.co.uk/news/uk-england-dorset-19520068

    This story is not about a rapist, but I have to admit that in the light of this thread I immediately wondered whether he will try and make her life hell for saddling him with a baby by trying for custody when he comes out.


    A former Dorset police officer has been jailed for 10 years for repeatedly punching his pregnant ex girlfriend in the abdomen to bring on a miscarriage.

    [...]

    Miss Craft, a fellow police officer, was six months pregnant when she answered the door of her ground-floor flat in Bournemouth, on 24 March, thinking it was an estate agent who had come to view her property.


    'Bloodied and bruised'

    Cherry, wearing a balaclava and using a fake foreign accent, then carried out a "savage attack" on her, jurors heard.

    He punched her in the stomach and back, targeting her unborn child and leaving her "bloodied and bruised".

    The Recorder of Winchester, Judge Keith Cutler, told Cherry: "It was a pernicious and evil attack. On your part there was a high degree of planning."

    Earlier in the trial, Matthew Jewell, prosecuting, said Miss Craft pointed out valuable items to the intruder in case it was a robbery or burglary but her attacker showed no interest in taking anything.

    "She was dragged into the bathroom and forced to sit on the toilet.

    "The male said he would tie her up. She was absolutely terrified about what was happening to her in her own home."

    The attack only ended when the estate agent arrived.

    Cherry fled, using a back door, as he knew the block well having owned the flat before selling it to Miss Craft.


    'Ruined his life'

    Cherry, who was angry Miss Craft would not have an abortion, claimed he was renovating a house at the time of the attack.

    Jurors heard how he had earlier told Miss Craft and her flatmate Carla Hutchings that he had thought about punching her to cause a miscarriage.

    He said the pregnancy had left him feeling trapped and had "ruined his life", the jury heard.
    Last edited by Abroad; September 7th, 2012 at 02:53 PM. Reason: bolding parts
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    31 states?!?! In our country??

    WTF.
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