An all-male legislative panel has failed to repeal a distressing law that mandates rape survivors in Maryland to share custody of their children with their assailants. The five legislators, who were in a position to protect women, chose not to advance a bill that could have alleviated some of the trauma for these survivors. Under current law, women who conceive a child as a result of sexual assault must engage with their attackers when discussing custody and adoption matters. Maryland is one of only seven states that does not allow victims to terminate the parental rights of their rapists, according to NARAL, a reproductive rights organization.
The implications of this law are harrowing for survivors. Those who choose to carry the pregnancy to term may face the harsh reality of their attacker asserting parental rights. This situation can force the victim into a prolonged relationship with their assailant for up to 18 years. In some extreme cases, perpetrators have even leveraged their parental rights to block adoptions unless the victim agreed not to testify against them. This creates a scenario where rapists can continue to exert control over their victims, even from prison.
To address this critical issue, Delegate Maria Thompson proposed legislation aimed at allowing women to sever their rapist’s parental rights. While the bill gained support within both the House and Senate, a five-member negotiation group failed to finalize the text before the legislative session ended, effectively letting the bill die. Delegate Thompson was reportedly emotional as she left the meeting, recognizing that an agreement would not be reached.
As Maryland’s lawmakers will not revisit this pressing issue until the next session begins in January 2018, survivors of rape must continue navigating a system that does not adequately protect them. The five male legislators who failed to act are James Parker, Robert Lee, Thomas Blake, William Harris, and Nathan Grant.
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In summary, the refusal of a panel of male legislators in Maryland to support a bill aimed at protecting rape survivors from having to share custody with their assailants highlights a significant gap in legal protections for vulnerable individuals. The impact of such laws on survivors is profound and distressing, and continued advocacy is essential.