In a disappointing move, a group of five male lawmakers has neglected to repeal a deeply troubling law in Maryland that forces survivors of sexual assault to share custody of their children with their assailants. This legislative failure means that victims are left grappling with the traumatic reality of having to negotiate parental rights with their rapists.
The five Maryland politicians—James Turner, Michael Bennett, Christopher Greene, Samuel Brooks, and Robert Ellis—effectively stalled a bill aimed at alleviating some of the burdens faced by these women. Under the current law, survivors must co-parent with the very individuals who violated them, creating an unimaginable scenario for those who carry a pregnancy resulting from a sexual assault. According to reproductive rights advocates, Maryland is one of only seven states that do not allow women to terminate the parental rights of their attackers.
“As a result of this law, a woman who becomes pregnant through rape may find that her assailant can assert parental rights, potentially inserting himself into her life for years to come,” stated the Maryland chapter of a prominent reproductive rights organization. “This can complicate adoption efforts and allow the perpetrator to manipulate situations, even insisting on conditions that undermine the victim’s pursuit of justice.”
In a bid to rectify this injustice, Delegate Sarah Collins introduced a bill designed to remove the parental rights of rapists. Although the bill passed through both the Maryland House and Senate, it ultimately fell victim to inaction from the five-member negotiating group that failed to finalize the legislative text before the session concluded. Delegate Collins was visibly distressed as she exited the meeting, realizing that a resolution was unlikely.
Women who have endured such trauma cannot afford to wait another legislative session for relief; the looming challenges do not simply disappear. As Maryland’s legislature will not reconvene until January 2018, those affected by this law remain in a precarious situation.
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In summary, the failure of male legislators in Maryland to repeal a law that forces rape survivors to share custody with their attackers highlights a significant injustice. Women who are victims of sexual violence deserve protection from having to negotiate parental rights with their assailants, and the inaction of these lawmakers perpetuates their trauma.