US Court: Rapist may request contact with the child of his victim
What is this about?
A crime seven years ago. A 14-year-old girl from Boston was repeatedly raped by her big sister's boyfriend. She got pregnant by him and got the baby as well. The perpetrator, then 20, was convicted on a DNA test and sentenced to probation.
Why did the case land in front of the family court?
In 2012, the perpetrator was sentenced to pay $ 110 a week for the child he had fathered during the rape. He then demanded to be able to visit the seven-year-old girl regularly.
How brazen is that!
That was the first judge who dealt with it, too. He described the rapist's request as "insincere" and rejected him. But now the case came to court again? and this time it was decided differently.
Why the change of heart?
This has to do with the maintenance. If the judges denied the husband any paternal rights, the daughter would no longer receive maintenance. The child would be "unfairly disadvantaged if deprived of his right to receive financial support from both parents," the judgment says. But this also means that the rapist may demand paternal rights such as dealing with the child.
What does the victim say about that?
The young woman is in shock. "My client, a 14-year-old rape victim who got pregnant through the rape, has to share parental rights with her assailant," her lawyer Wendy Murphy says, according to the Fox25 site. Of course she was horrified. Murphy wants the verdict re-examined.
May the rapist now visit the child?
No, so far this has not been granted? but he can demand the visitation again and again. Until the child is 18 years old.
Would such a case also be possible in Germany?
Theoretically yes. Of course, it is very rare that a man seeks contact with the child, which arose from a rape committed by him. But in principle he could demand that, and the case would need to be reviewed individually. The basis for such a decision is solely the best interests of the child. However, in practice it is very unrealistic that the man could get away with it.
