Rape victims endure traumas, and the worst-case scenario occurs when the rape results in pregnancy and childbirth. Recent changes and legislation amendments seek to revolutionize the law and consider two aspects of a new and reformed law. The Parental Rights and sexual assault Law state that if a childbirth is a result of a rape case, the rape victim is automatically granted custody of the child and the rapist denied custody (National Conference of State Legislatures, 2020). Another integral aspect of the law indicates that financial support is accorded to the child by the rapist. This piece intends to analyze rape legislations as a determinant in custody attainment under the Pennsylvania state laws, since current legislation is aiming at enhancing victims’ rights in the field of criminal justice.
Suing for custody by a rape victim ensures full custody of the child to the victim of the rape. Upon conviction by the court, the child’s mother receives full custody, and all the rapist’s rights for custody, visits, or influence on the child are terminated (Ciavagilia, 2020). The child, however, has the right to inherit possessions of the rapist upon his death. This legislation limits the father’s involvement with his child and limits the prolonged trauma both for the child and the mother. Pennsylvania state Constitution in ‘factor for custody determination’ section 5323 acts in the child’s best interest in such a scenario (National Conference of State Legislatures, 2020).
The essence of the legislation on rape is to bring solace to the rape victims. The effects of the rape legislation are attainment of full custody by the rape victim and elimination of all rights to the child by the rapist. Such a stand helps eliminate continuous traumatic effects on both the mother and the child. The implementation of the rape legislation aims at reducing psychological torment to the rape victims. In the event that such a legislation is actualized, the child and the mother benefit tremendously.
References
Ciavagilia, J. (2020). She gave birth to her rapist’s child, then tried to sever his parental rights in Pa. The law was not on her side. Courier Times. Web.
National Conference of State Legislatures. (2020). Parental rights and sexual assault. Web.