Iowa lacks law terminating parental rights of convicted rapists

DES MOINES — A woman is raped, becomes pregnant and carries the child.

Her attacker is arrested, tried and found guilty — yet still sues the mother for custody of the child.

It's a scenario that is possible in Iowa, which remains one of 17 states that does not have a law that terminates the parental rights of a convicted rapist.

Advocates say the state should remedy that to prevent sexual assault victims from being dragged through a legal procedure that would force them to relive a horrifying experience.

But one key state lawmaker thinks there is no need for such a law.

'That is something we deal with. That is on our radar, obviously, more often than we would like to see,' said Jennifer Carlson, executive director of the University of Iowa's Rape Victim Advocacy Program. 'We see this as a huge struggle for those victims as they are worried for the safety of their child as well as seeing their offender on a regular basis.'

There are 17,000 to 32,000 rape-related pregnancies in the United States each year, according to the National Conference of State Legislature's research of various studies over the past 20 years. Roughly three of every four women carry these pregnancies to term, and roughly two of three raise the children themselves, according to statistics cited in federal legislation on the subject.

Thirty-three states and the District of Columbia have passed laws that either terminate the parental rights of a parent convicted of sexual assault that resulted in the birth of a child or deny or restrict custody to any such convicted parent.

We see this desire for custody or involvement in the child's life as nothing more than an extension of the power and control and an element in which (the attacker) can continue to have an impression and a domination of their victim

- Jennifer Carlson

University of Iowa Rape Victim Advocacy Program

Iowa is not among them, and some think that should change.

'I think it makes sense, just for us to kind of clean it up,' said Iowa Rep. Bob Kressig, D-Cedar Falls.

Kressig and a Republican colleague introduced legislation in 2013 that would have eliminated the custody and visitation rights of a convicted rapist for a child born as a result of that incident. Similar bills were introduced this year.

None has received a subcommittee hearing, the first step in the legislative approval process.

Rep. Chip Baltimore, R-Boone, is chairman of the Iowa House's Judiciary Committee, through which these bills must pass. Baltimore said he thinks the proposals are well-intentioned but unnecessary.

Baltimore said he worries about writing a new law that casts a wide net to catch a small number of incidents. That could create unintended consequences, he said, such as a young man being convicted of statutory rape then losing parental rights even though the couple remain together.

'It's a feel-good piece of legislation that quite honestly is dissociated with reality, in the real world with the way the criminal justice system and the judicial system work,' Baltimore said.

'It's a far more complicated situation, honestly, than most people acknowledge. ...

I understand the general concept. But it's a concept that needs a lot more work,' Baltimore said.

'As well-intentioned as (the bills) may be based on, we set public policy for a broader set of facts.'

Baltimore also said he thinks the judicial process is adequate to deal with these cases.

Beth Barnhill, executive director, Iowa Coalition Against Sexual Assault, does not share Baltimore's confidence.

'I've been doing this for 30 years, and I do not have trust in the system,' Barnhill said. 'There are many, many ways it fails.'

Barnhill and Carlson said many sexual assaults do not result in a conviction.

'There are drop-offs at each step of the process,' Barnhill said. 'Many (assaults) are not reported. Many are not investigated. Many don't go to prosecution. Many don't get a conviction.'

Even placing faith in the system is not enough to soothe the Carlson's concerns.

She said it is cruel to force a rape victim to go through more litigation, especially when studies have shown most victims are assaulted by someone they already know.

'Often we see this desire for custody or involvement in the child's life as nothing more than an extension of the power and control and an element in which (the attacker) can continue to have an impression and a domination of their victim,' Carlson said.

Kressig said he hopes to push legislation yet this year, and he has been working with a Republican colleague to craft a proposal that lawmakers of both parties can support.

Barnhill said she is resigned to the likelihood nothing will be approved this year. She holds out hope for a bill that does not require a conviction to terminate an attacker's parental rights, although Baltimore balked at the idea.

Federal lawmakers have introduced a bill that attempts to address the issue, but it only encourages states by making grants available to states that enact laws dealing with the subject.

Advocates such as Barnhill and Carlson say a stronger law is needed.

'I do believe judges have the best interest of our survivors in mind, but it's always nice to have a policy that supports the decisions we believe they would make,' said Carlson, who said she was working as a victims' advocate in Arkansas when that state passed its law that terminates custody and visitation rights of a convicted rapist.

'It may be a small number of individuals, a small number of survivors …

but to them, it's not a small number. To them, it's their life, and the life of their child. And it's a big deal to them.'