Convicted Rapists Should Not Have Parental Rights, Says RI State Rep

Convicted Rapists Should Not Have Parental Rights, Says RI State Rep

State Representative William O’Brien (D-Dist. 54, North Providence) has reintroduced a bill that would eliminate all parental rights of convicted rapists when a child is born from the assault.

“Sadly, this is still a tragic issue in our society and that is why I reintroduced this legislation again this session.  Survivors of rape and their children should be free of the fear of being sued by their attackers for child custody. Rapists operate out of hate and are incapable of providing the love that a child needs, therefore, they should not have any rights pertaining to that child,” said O’Brien.

According to O’Brien, 28 other states in the U.S. have a similar law.

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The bill has been referred to the House Judiciary Committee.

The Legislation

O’Brien’s legislation, (2020-H 7330), would apply when the parent has been convicted of sexual assault upon the birth mother and a child results from the sexual assault. 

After a fact-finding hearing by the Family Court establishes the paternity of the child through DNA testing, the father’s parental rights would be terminated by order of the court.

Termination of the convicted father’s parental rights will include the loss of all parental rights without limitation, including the adoption of the child. 

The convicted father will also have no right to any visitation with the child and will have no right to any inheritance from the child conceived as a result of the sexual assault.

“Unfortunately, many of these devious individuals sue for custody, even though they have no chance at winning the case.  These vile perpetrators do this to relive the rape and to further harass their victims.  This bill will put an end to this heinous practice,” added O’Brien.