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politics1d ago
California could make it easier to strip alleged rapists of child custody
- California advances a bill creating a presumption that a father is unfit for custody when a child is conceived in sexual assault, changing who bears parental rights.
- Supporters say the standard would be higher than civil cases but lower than criminal proof, reducing the burden for survivors seeking custody protections.
- Advocates from the California Women’s Law Center and RAINN argue survivors face barriers in prosecuting sexual assault and seeking protections.
- The bill would not alter child support, which can continue even if custody is lost.
- The measure cleared the Senate with bipartisan support and moves to the Assembly for consideration.
- RAINN staff note that rape prosecutions are often hindered by reporting barriers and trauma-informed enforcement gaps.
- A spokesperson for a survivor group argued against the bill, saying it could undermine redemption and a child’s right to know their parents.
- Experts say few custody cases track births from sexual assault, leaving uncertainty about the bill’s overall impact.
- The legislation would rely on clear and convincing evidence to determine custody rights rather than criminal conviction alone.
- The bill is sponsored by Sen. Caroline Menjivar and is supported by the Rape, Abuse and Incest National Network.
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