SENATE DOCKET, NO. 1738        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 780

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act clarifying that perpetrators of rape have no parental rights.

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PETITION OF:

SENATE DOCKET, NO. 1738        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 780

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act clarifying that perpetrators of rape have no parental rights.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. Notwithstanding any general or special law to the contrary, when pregnancy and childbirth occur as a result of unwanted sex, and when a criminal conviction, continuation without a finding, admission to sufficient facts, or adjudication of delinquency results from any charge related to said unwanted sex, the individual who perpetrated said unwanted sex shall have no rights, privileges, or entitlements whatsoever regarding that child, including but not limited to rights related to parenthood, care and custody, inheritance, visitation, and all matters of family and relationship privilege, confidentiality, and medical care. The probate and family court department shall be precluded from accepting or asserting jurisdiction or adjudicating any matter regarding that child on behalf of the individual who perpetrated the unwanted sex act, or anyone related to said person or asserting claims or rights derived from a legal or other relationship with said person.

Nothing shall inhibit any court or other government official or entity from imposing sanctions and obligations on any individual for any purpose related to or arising out of said unwanted sexual conduct, related pregnancy and childbirth.

In the absence of a criminal conviction or finding of guilt of delinquency as described above, a court of competent jurisdiction shall determine whether a preponderance of evidence establishes that unwanted sex caused pregnancy. If such a determination is made, the person who perpetrated said unwanted sex may not assert or seek to establish rights with regard to said child if the sole or primary basis for such request is the perpetrator's biological connection to the child.

Where parental rights are properly established, and unwanted sex causing pregnancy has been proved by a preponderance of evidence, a court shall terminate parental rights where a totality of the evidence establishes by clear and convincing evidence that parental rights should be terminated.

Proof of unwanted sex need not be established by clear and convincing evidence to be considered relevant in an assessment of the totality of evidence, but if it is proved by clear and convincing evidence, then unwanted sex, alone, shall suffice to terminate parental rights.

For purposes of this section, “unwanted” is defined as an act that was not welcomed or wanted, as determined solely by the subjective state of mind of the person who suffered the unwanted act. All such acts when a person is a minor under age 16 are deemed unwanted irrespective of that person’s subjective state of mind.

For purposes of this section, all criminal law definitions, criminal law substantive and procedural standards, and criminal law burdens of proof shall be inapplicable even if a proceeding occurring under this section is litigated as part of or in connection with a criminal or juvenile proceeding.

Upon discovery that a female is pregnant as a result of alleged unwanted sexual conduct, no legal proceedings shall take place relative to parental rights, care, custody, visitation and/or other rights regarding the child, on behalf of the putative perpetrator of unwanted conduct, until after all criminal, juvenile and other investigations, prosecutions, appeals, and related matters have been finally determined. Until such matters are finally determined, the child shall have no direct or indirect contact with the putative perpetrator of said unwanted contact, or any relative of said perpetrator or other person asserting claims or rights derived from a legal or other relationship with such person.