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  #1  
Old 04-05-2006, 10:43 PM
gretchen leslie gretchen leslie is offline
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Unhappy raped and pregnant does the rapist or his family have rights?

im asking this on behalf of my husbands cousin. she became pregnant as the result of being raped, shes curently 25 weeks pregnant, the man who raped her was sentenced to prison for this crime. she is deathly afraid if he or his family finds out about the baby, they will try to get rights to the child. do they have any rights at all to this child? we are in nyc btw. thanks
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  #2  
Old 04-05-2006, 10:56 PM
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I hope the rapist has no rights. However I personally feel that in some circumstances silence is golden. If you don't tell them they probably will never know. And if by chance they do find out and try to pursue something in the courts I personally feel that you would be justified in doing anything necessary to prevent allowing this rapist to traumatize the victim a second time. I would just like to emphasise the word anything. God forbid this SOB be allowed to victimize the poor girl for the next 18 years.
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Old 04-05-2006, 11:36 PM
MommaKatja MommaKatja is offline
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I'm not a lawyer and especially know nothing of ny laws and I KNOW tv is not reality but in an episode of some law show there was a case where the rapists parents were trying to get visitation or something and it said they had rights. I would get online and check the laws in your state silence is golden was it a stranger who raped her if so there is VERY little chance of them finding out if it was an aquaintance rape situation it gets more tricky. Also might want to see what it takes to legal get parental rights terminated and if that extends to extended family...like i said Im not a lawyer so nothing I'm saying may apply....
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Old 04-05-2006, 11:46 PM
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I just PMd you the basics.
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Old 05-14-2006, 09:02 PM
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I am in Ohio. Our bmom got pregnant in a result of a rape. The rapist was convicted. He had absolutely no rights. I assume it may very by state.
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Old 05-15-2006, 06:19 AM
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I am a legal assistant and work for Attorneys in Ohio.
A rapist has absolutely NO rights to the unborn child. His family likewise.
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Old 07-19-2006, 12:37 PM
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That is not the case in NY... just dond't ever say you know who the father is...
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Old 07-19-2006, 01:33 PM
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I don't see how anyone would have rights other than the mother - any product of the result of the commission of a crime belongs to the victim.

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Old 09-10-2006, 01:39 PM
UofTXFan UofTXFan is offline
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Quote:
Originally Posted by gretchen leslie
im asking this on behalf of my husbands cousin. she became pregnant as the result of being raped, shes curently 25 weeks pregnant, the man who raped her was sentenced to prison for this crime. she is deathly afraid if he or his family finds out about the baby, they will try to get rights to the child. do they have any rights at all to this child? we are in nyc btw. thanks
NY is tough, maybe move somewhere quick! Texas is more friendly!
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Old 09-10-2006, 01:43 PM
UofTXFan UofTXFan is offline
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I think that I knew someone in a similar situation and she moved to TX because of their laws.
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Old 09-10-2006, 01:53 PM
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I don't know why she would have moved to Texas - RSO's retain rights - even if they are convicted of the rape of the mother of the child they retain rights to.

Texas has some of the worst parental rights laws I've ever been subjected to - additionally, thier victims rights are a joke, at best.

In my case, the RSO escaped conviction...but he was a RSO because of other cases and he retained full rights, including unsupervised visits with the child (he was convicted of child molestation).

I suggest you avoid Texas at all costs...but then again, I would never suggest you do something illegal. Sadly, even RSO's have rights too and they need to be dealt with legally.

Suggesting illegal activity on this forum violates our Terms of Service, FYI!
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Old 09-10-2006, 09:56 PM
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Our b-mom was raped as well...since she was 12 and he was 20, it is clearly rape no matter how consentual you want to call it. Anyway, he tried to fight for custody, but as a registered level 3 sex offendor, he was prety much laughed out of the courtroom. His mother boasted about fighting for custody, but was pretty much told that because he was registered at her home and she was aware of his "relationship" with her, and knowlege of these things happening in her house, she didn't have a shot either. As it turned out, the legal system worked in favor of our b-mom and our son. BTW...we are in WA.
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  #13  
Old 10-18-2006, 08:45 PM
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Quote:
Originally Posted by UofTXFan
NY is tough, maybe move somewhere quick! Texas is more friendly!

LOL if nothing else she can carry a big gun here and Texas!


Sorry nothing to laugh at really... just the Texas thing- not the situation!
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