Senate Bill S6297

                                 BILL NUMBER:  S6297

 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 :

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 accordance 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 guardian 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.

 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.

 LEGISLATIVE HISTORY :

A. 10093 of 2015/2016
A. 6238 of 2015/2016 (Honorable Clark)
A. 3068 of 2013/2014

 FISCAL IMPLICATIONS :

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.