Posted on Apr 19, 2017
An All-Male Panel Failed to End a Law That Allows Rapists to Share Custody of Children
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Posted >1 y ago
Responses: 7
I'll have to do some research later on this topic to really make an informed opinion. I'll start this out by saying that I agree with the premise of the bill. Rape survivors should not ever have to relive that horrifying experience because their rapist has any legal rights in their life. And it's unbelievable that anything exists on the books that allows for anything like this.
Now, that said, I do have a couple things I wonder about with regards to this specific incident.
First and foremost is regarding the wording of the bill itself. How would it have defined the legitimacy of a custody challenge (biggest example is, would an allegation of rape have taken away any ability to challenge custody, even without a conviction)? What about the slim (but possible) chance of the reverse, where the rapist is female and the victim is male? Was there any sort of definition there for custody challenge? A bill is just as likely to be defeated because of its language being too broad, or not clearly defining a legal issue (think private gun seller loopholes).
Second, is the possibility that other laws would have to be significantly redefined in order to satisfy the bill as it was written. I'm not sure what those would be, but that's another point of failure with any bill, is whether it is being used to rewrite other laws. Statute of Limitations on rape cases might be one of those things.
Mind you, that's just my mind idling at the moment. Like I said, I'd need to really research this issue to make any sort of truly informed opinion on this particular case.
Except, of course, where you are absolutely correct... an all-male panel shot this bill down? The writer of the bill wasn't even allowed to participate in the review? Was any woman allowed to participate in the decision-making process, at all? Because if not, that's completely unconscionable, and borderline abuse of power of their office. Because any legal matter, especially legislation, is supposed to take all relevant perspectives into account. Bad enough they put an issue like this to an all-male panel, when Maryland most definitely has female legislators provide balance. But to not even make the appearance of impartiality when "considering" the bill... that's a huge failure of the system.
Now, that said, I do have a couple things I wonder about with regards to this specific incident.
First and foremost is regarding the wording of the bill itself. How would it have defined the legitimacy of a custody challenge (biggest example is, would an allegation of rape have taken away any ability to challenge custody, even without a conviction)? What about the slim (but possible) chance of the reverse, where the rapist is female and the victim is male? Was there any sort of definition there for custody challenge? A bill is just as likely to be defeated because of its language being too broad, or not clearly defining a legal issue (think private gun seller loopholes).
Second, is the possibility that other laws would have to be significantly redefined in order to satisfy the bill as it was written. I'm not sure what those would be, but that's another point of failure with any bill, is whether it is being used to rewrite other laws. Statute of Limitations on rape cases might be one of those things.
Mind you, that's just my mind idling at the moment. Like I said, I'd need to really research this issue to make any sort of truly informed opinion on this particular case.
Except, of course, where you are absolutely correct... an all-male panel shot this bill down? The writer of the bill wasn't even allowed to participate in the review? Was any woman allowed to participate in the decision-making process, at all? Because if not, that's completely unconscionable, and borderline abuse of power of their office. Because any legal matter, especially legislation, is supposed to take all relevant perspectives into account. Bad enough they put an issue like this to an all-male panel, when Maryland most definitely has female legislators provide balance. But to not even make the appearance of impartiality when "considering" the bill... that's a huge failure of the system.
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Not sure why we have comments bringing up Democrats and Democrat state; didn't realize sexism was a partisan issue, it isn't.
Thanks for the read. Looking at other stories and discover this is the 9th time the last 10 years this legislature has failed to resolve this bill is ridiculous. I will say that I hope child support is being paid by the rapist. It's only fair.
Thanks for the read. Looking at other stories and discover this is the 9th time the last 10 years this legislature has failed to resolve this bill is ridiculous. I will say that I hope child support is being paid by the rapist. It's only fair.
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The Democrats Have Been running the State and Baltimore for almost 50 years... and this is the result...
My Personal feelings ... the rapist should Have Been castrated and forfeit all rights as a Minimum ... And at best, a Double Tap to the Back of the skull ... Period...
My Personal feelings ... the rapist should Have Been castrated and forfeit all rights as a Minimum ... And at best, a Double Tap to the Back of the skull ... Period...
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SSG Jessica Bautista
Which makes this a non-partisan issue, really. I concur that rapists should definitely forfeit all rights to the child.
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