We are here to help


Hope After Rape Conception Board Members are available
to testify before state legislatures on this model legislation. Three of the Board Members are attorneys/law grads—
two of whom had to fight their rapist for custody.  


Another Board Member 
has been involved in a 
custody battle with her 
daughter's rapist. Please 
visit the Board Member 
page for more info.



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Coming Soon!

Model Legislation


Only 24 states currently provide for the restriction/termination of the parental rights of rapists. Of those 24 states, fifteen require a criminal rape conviction before the protections of the law are triggered. However, according to the U.S. Supreme Court, the proper standard of proof in restriction/termination proceedings is "clear and convincing evidence," not the higher criminal standard of "beyond a reasonable doubt." Rape victims should not be held to a higher standard of proof than those in other restriction/termination of parental rights cases. Additionally, a criminal rape conviction requirement means that few rape victims will be helped by these laws. It is estimated that only 1% of rape victims ever see the rapist convicted as charged. If a prosecutor actually pursues a case, most are plead down to a lesser crime than rape. Given that at least a third of impregnated rape victims choose to parent their children, legislation that is truly protective of these victims is necessary so that they—and
their children—are not tethered to their "rapists" for the next eighteen
years. Our model legislation accomplishes this objective and best aligns
with existing parental rights laws.



MODEL LEGISLATION TO TERMINATE PARENTAL RIGHTS OF RAPIST:

Synopsis:

Termination of parent-child relationship.  Allows a parent who is the victim of an act of rape from which a 
child was conceived to file a petition to terminate the child’s parent-child relationship with the alleged 
perpetrator. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and 
convincing evidence that the alleged perpetrator committed an act of rape against the parent who has filed the 
petition to terminate the parent-child relationship and that the child was conceived as a result of the act of 
rape; and (2) terminating the parent-child relationship would be in the best interest of the child.

“Act of rape”, for purposes of __ means an act described under: ___; or ____.

Sec. 1. A court, in a proceeding under ______, _________, or _______, may appoint a guardian ad litem, a 
court appointed special advocate, or both, for a child at any time.

Chapter ___. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape

Sec. 1. Proceedings under this chapter are governed by the procedures prescribed by: ______ through 
_________, and ______ through _________; but are distinct from proceedings under _ and _.

Sec. 2. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a 
petition to terminate the parent-child relationship under this chapter.

Sec. 3. If a child was conceived as a result of an act of rape, the parent who is the victim of the act of rape may 
file a petition with the juvenile or probate court to terminate the child’s parent-child relationship with the 
alleged perpetrator of the act of rape.

Sec. 4. The verified petition filed under section 3 of this chapter must:
(1) be entitled “In the Matter of the Termination of the Parent-Child Relationship of ______________, a 
child, and _______________, the parent”; and
(2) allege:
(A) that the alleged perpetrator committed an act of rape against the parent who has filed the petition to 
terminate the parent-child relationship;
(B) that the child was conceived as a result of the act of rape described under clause (A); and
(C) that termination of the parent-child relationship of the alleged perpetrator with the child is in the best interests of the child.

Sec. 5. A showing by clear and convincing evidence that:
(1) the alleged perpetrator committed an act of rape against a parent described in section 4(2)(A) of this 
chapter; and (2) the child was conceived as a result of the act of rape; is prima facie evidence that there is a 
reasonable probability that continuation of the parent-child relationship with the alleged perpetrator is not in 
the best interests of the child.

Sec. 6. (a) The court shall terminate the parent-child relationship if the court finds:
(1) by clear and convincing evidence, that the allegations in a petition described in section 4(2)(A) and 4(2)(B) 
of this chapter are true; and
(2) that termination of the parent-child relationship is in the best interests of the child.
(b) If the court does not find:
(1) by clear and convincing evidence, that the allegations in a petition described in section 4(2)(A) and 4(2)(B) 
of this chapter are true; and
(2) that termination of the parent-child relationship is in the best interests of the child;
the court shall dismiss the petition.

Sec. 7. The court may appoint:
(1) a guardian ad litem;
(2) a court appointed special advocate; or
(3) both a guardian ad litem and a court appointed special advocate;
for a child in a proceeding under this chapter as provided under ______.


MODEL LEGISLATION TO TERMINATE PARENTAL RIGHTS OF RAPIST:

   Download PDF Document



MODEL LEGISLATION TO SUSPEND CUSTODY AND PARENTING TIME FOR RAPISTS:

Synopsis: Denial of parenting rights to rapists. Prohibits a person who caused a child to be conceived by rape from obtaining custody, parenting time, or contact with the child if a court finds by clear and convincing evidence that the person perpetrated the rape. Permits the court to order a party to pay the prevailing party costs and attorney’s fees in an action to deny parenting rights.

Chapter ___. Child Conceived as a Result of an Act of Rape

Sec. 1. (a)  If:
(1) an individual who:
(A) is the biological parent of a child; or
(B) alleges to be the biological parent of a child; seeks custody, parenting time, or contact with the child; and
(2) the court finds by clear and convincing evidence that:
(A) the child was conceived as the result of an act of rape; and
(B) the individual described under subdivision (1) was the perpetrator of the act of rape;
the court shall deny the individual custody, parenting time, and contact with the child.

Sec. 2. (a) The court may order a party to pay to the prevailing party a reasonable amount for:
(1) the cost of maintaining an action under this chapter; and
(2) attorney???s fees, including amounts for legal services provided and costs incurred, before the commencement of the proceedings or after entry of judgment.
(b) The court may order the amount under subsection (a) to be paid directly to the attorney of the prevailing party, who may enforce the order in the attorney's name. 


MODEL LEGISLATION TO SUSPEND CUSTODY AND PARENTING TIME FOR RAPISTS:

   Download PDF Document