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Can Convicted Rapists in Oregon Demand Custody or Visitation With a Child Born Through Rape?

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A Law dot com news feed article: “Skadden Associate, Herself a Rape Victim, Dives into Akin Fray,” by Brian Baxter, Am Law Daily, 8/22/12, got me wondering about Oregon’s law:

“…. Prewitt says that 31 states have not yet adopted special laws that restrict the ability of rapists to assert their custodian and visitation rights to a child born through rape. The other 19 states—Delaware, Oregon, and Pennsylvania have added protections since the publication of Prewitt’s law review article in 2010—have laws that restrict the access of rapists to the children they fathered….” [Link to full Law dot com article.]

If you search the ORS (Oregon Revised Statutes) Index, under Sex Offenses-Rape, you will be referred to these sections, which today read as follows, but please, talk to an attorney if you need legal advice!

ORS 107.105: “….  The court shall deny parenting time to a parent under this paragraph if the court finds that the parent has been convicted of rape under ORS 163.365 or 163.375 or other comparable law of another jurisdiction and the rape resulted in the conception of the child….”

ORS 107137: “.... 5)(a) The court determining custody of a minor child under ORS 107.105 or 107.135 shall not award sole or joint custody of the child to a parent if:
(A) The court finds that the parent has been convicted of rape under ORS 163.365 or 163.375 or other comparable law of another jurisdiction; and
(B) The rape resulted in the conception of the child.
(b) A denial of custody under this subsection does not relieve the parent of any obligation to pay child support…
.”

ORS 419B.510: “Termination upon finding child conceived as result of rape. (1) The rights of the parent may be terminated as provided in ORS 419B.500 if the court finds that the child or ward was conceived as the result of an act that led to the parent’s conviction for rape under ORS 163.365 or 163.375 or other comparable law of another jurisdiction.

(2) Termination of parental rights under subsection (1) of this section does not relieve the parent of any obligation to pay child support.

(3) Termination of parental rights under subsection (1) of this section is an independent basis for termination of parental rights and the court need not make any of the considerations or findings described in ORS 419B.502, 419B.504, 419B.506 or 419B.508. [2011 c.438 §2]….

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