§21302 Findings

Summary

It says men who father children through rape should be banned from visiting or getting custody of those children. Congress notes thousands of rape-related pregnancies happen each year, and many survivors choose to raise those children and then may have custody battles. Rape is badly under-prosecuted, with convictions in less than 5 percent of cases. Congress also says the "clear and convincing evidence" rule is the most common way to end parental rights across the 50 states, territories, and the District of Columbia, and the Supreme Court in Santosky v. Kramer (455 U.S. 745 (1982)) found that rule meets due process. Only 10 States now let survivors ask a court to end a rapist’s parental rights using that standard. Letting a rapist seek custody forces survivors into contact, can cause trauma and hurt their ability to care for a child, and can be used to threaten, harass, or coerce survivors into not prosecuting.