In a distressing turn of events, five male lawmakers in Maryland have failed to repeal a deeply troubling law that requires survivors of sexual assault to share custody of their children with their rapists. This legislative body has missed an opportunity to alleviate some of the trauma faced by victims by allowing them to sever legal ties with their attackers.
Currently, Maryland is among only seven states that do not permit women to terminate the parental rights of their assailants, as highlighted by reproductive rights advocates. The implications of this policy can be devastating. Women who conceive as a result of rape might face the horrifying reality of their assailants asserting parental rights, potentially complicating their lives for years. As one organization noted, “For those who choose to carry to term, a woman who becomes pregnant through rape runs the risk that the rapist will assert his parental rights.” This puts victims in an unimaginable situation, where their attackers can interfere in their lives for up to 18 years, and even complicate adoption proceedings. In some cases, perpetrators have been known to use the threat of parental rights to manipulate victims into silence during legal proceedings.
To address this grave issue, Delegate Sarah Thompson introduced a bill aimed at empowering women to terminate the parental rights of their rapists. The proposed legislation had gained traction in both the House and Senate but ultimately fell victim to inaction by a five-member negotiating group composed entirely of men, who allowed the legislative session to conclude without resolution. In an emotional moment, Delegate Thompson expressed her frustration as she exited a meeting, feeling that no progress could be made.
As Marylanders await the next legislative session in January 2018, those affected by this law cannot afford to sit idly by for the next ten months. The five legislators who failed to act—Thomas Brown, Andrew Carter, Marcus Greene, Samuel James, and Robert Lee—have left many women without the support they need during what is already an incredibly challenging time.
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In summary, a panel of male legislators in Maryland has neglected to repeal a law that forces rape survivors to navigate custody issues with their attackers. This oversight not only prolongs the trauma for victims but also highlights the need for legislative change to support those in vulnerable positions.