The Michigan Legislature is currently considering a piece of legislation that would revoke the paternity of sexual assault offenders.
Senate Bill 858, or the Revocation of Paternity Act, is currently circulation through the state political process and has a number of moving parts.
First, a sexual assault results in the birth of a child and, for whatever reason, the victim chooses not to prosecute the assailant. Next, the courts may exercise their powers by removing the genetic father’s acknowledgment of fatherhood. Finally, this does not mean the father is excluded from paying child support. The mother may still invoke this right.
Senator Rick Jones (R- Grand Ledge) introduced the bill and said someone who has committed a known sexual assault should not have custody of the child created out of rape.
There must be clear evidence of a sexual assault, he said, and, under this law, it prevents the victim from losing her child at the hands of her attacker.
“My bill is trying to protect women from this sort of thing,” he said.
Jones said he has seen a number of unfortunate cases in which the rapist fathered a child as a result of a sexual assault and subsequently sought custody of the child, even to the point of winning it on tragic occasions.
Extreme instances resulted in the mother fleeing the country to protect her right to raise the child, Jones said, something this law would seek to prevent.
“My goal is to make the law very clear,” Jones said.
If someone commits a sexual crime and fathers a child, they absolutely will not be able to claim custody over the child, Jones said.
MSU students also provided opinions on the matter of the proposed legislation.
Political science freshman Margot Libertini said the law neglects the woman’s say in the matter of the sexual assault crime.
“The government should be working to create laws that make it easier for women to come forward about their sexual assault and not ones that threaten her right to choose or in any way make her think twice about reporting a criminal for his criminal actions,” she said.
While the pending law addresses an honorable goal, Libertini said, certain elements can be added to help it better represent the interests of women.
Further, Libertini added government’s role in situations like these should be to facilitate the victim’s courage and ability to report sexual assaults as well as effectively stop them altogether.
“I believe as a society it should scare us that there are people in government still so set on restricting women’s freedoms and hindering their ability to make judgment about what is best for themselves and their children,” she said.
