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Crimcast is a virtual resource devoted to critical conversations about criminology and criminal justice issues. Our blogposts, twitter feeds, podcasts and other content provide an overview of trends, research, commentary and events of interest to criminal justice practitioners, academics and the general public. CrimCast is sponsored by The Center for Crime and Popular Culture, St. Francis College, Brooklyn, NY.

Rape victims and child custody

Nickie Phillips

Missouri Representative Todd Akin's comments incorporating his bogus and offensive concept of "legitimate rape" have understandably provoked much outcry, particularly from rape victims. Here, attorney Shauna Prewitt writes about her pregnancy as the result of rape and the often neglected legal consequences--child custody.

"In the vast majority of states, a rapist has the same custody and visitation rights to a child born through his crime as other fathers enjoy."


Her paper, titled "Giving Birth to a “Rapist’s Child”: A Discussion and Analysis of the Limited Legal Protections Afforded to Women Who Become Mothers Through Rape" and published in the Georgetown Law Review, is available here.

UPDATE: New Mexico Considering New 'Forcible Rape' Language For Child Care Assistance Policy

"…if the amendment passes a woman whose rape is not ruled "forcible," such as a young victim of statutory rape, would be forced to contact her rapist for child support in order to receive any state assistance."

UPDATE: Governor pulls "forcible rape" language