Spivak Law Firm
“Legitimate Rape” and Child Custody Laws
Missouri Congressman Todd Akin lit a political firestorm with his statement that “legitimate rape” rarely results in pregnancy. “If it’s legitimate rape,” Akin said, “the female body has ways to try to shut that whole thing down.”
What is “legitimate rape?”
And how can a woman’s body distinguish the sperm of a rapist from a consensual partner?
But some good may result from the controversy, as Akin’s comment has shifted the political focus to women’s rights.
Today 31 states allow men who father through rape to assert child custody and visitation rights.
I mean can you imagine getting raped, becoming pregnant, having the child, and then having your rapist seek custody rights over the baby and becoming legally bound to you for the next 18 years?
It’s unthinkable.
But that’s precisely what happened to Shauna Prewitt, a rape survivor, attorney, and activist who investigated the custody rights of men who father through rape.
Moreover, Prewitt’s rapist threatened to assert custody of their child unless she stopped pursuing criminal charges against him. Most states sanction this cruel form of blackmail.
Nineteen states, including Pennsylvania, passed laws allowing courts to terminate parental rights of men who father children through rape. Pennsylvania law states: “The rights of a parent in regard to a child may be terminated” if “the parent is the father of a child conceived as a result of a rape or incest.”
Hopefully, Akin’s “legitimate rape” comment will inspire more states to follow Pennsylvania’s lead and pass legislation restricting the ability of men who father children through rape to assert custody rights.
Client Relieved as Spivak Law Firm Gets PFA Dismissed
Dave, my client, can’t sit still. About a week ago, he was served with a PFA restraining order from his wife for stalking. Now he’s pacing the third-floor hallway of the family court building in downtown Pittsburgh nervously awaiting his PFA hearing.
I met Dave a few days earlier at my law offices to discuss his case. Dave and his wife were separated for several months. They have a young son together. They both also have children from prior relationships.
She claims he was stalking her by showing up unexpectedly at places like the grocery store, the gas station, Kennywood and Sandcastle. Dave denies following her, and says it was coincidental — after all, they live in the same neighborhood.
Dave was anxious about the PFA. He knew his wife was using it to gain custody rights over their child. The PFA system — though vitally important for helping victims of domestic abuse — is routinely abused by people aiming to get leverage in a child custody case or to evict an ex from a shared residence.
He also worried that she would one day lie about him violating the PFA to get him arrested. Violating any provision of a PFA can land you in jail for 6 months. In domestic violence cases, police routinely make arrests based solely on the complainant’s statement.
I asked Dave to stay in the waiting room with the other PFA defendants while I met with his wife’s attorney. Most PFA cases get resolved by the attorneys without ever having to appear before a judge. But the wife’s attorney insisted on a three-year PFA against my client – the maximum allowed under Pennsylvania law.
I told the attorney that no judge would grant a three-year PFA against my client. But the opposing counsel would not budge. So I said we needed to go before a judge.
At the PFA hearing, I argued that the wife did not allege any physical abuse or threatening behavior. I further explained that the wife does not fear my client, and provided the judge with recent hotel receipts, phone records, and witness statements proving their ongoing relationship.
The judge dismissed the PFA order. My client let out a big sigh of relief and threw his arm around me.
At Spivak Law Firm, aim to provide the strongest possible defense for people accused of stalking, harassment, verbal threats, and physical abuse. In most cases, we get the PFA dismissed. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.