My legal Rights: ns was Raped and Got Pregnant

Authored By: Northwest justice Project
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A new Washington state regulation fixes a void that compelled some mother to co-parent a kid conceived native a rape. #3660EN

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Should I check out this?

A current Washington state legislation closes a gap that required some mothers to co-parent a son conceived from a rape. The law creates a court process for rape survivors to end (end) or limit (limit) the rapist’s parental civil liberties by presenting clear and convincing proof that the pregnancy was a result of the rape.

You are watching: Can a rape victim sue for child support


*Get aid from a local neighborhood Sexual assault Program. Visithttp://www.wcsap.org/find-help.

“Rape” used here also means child rape. RCW 26.26A.465(6).


Wasn't there currently a legal method to end the rapist’s parental rights?

Not solely because of the rape. Prior to this law, a court can only terminate a rapist’s parental legal rights if someone showed the rapist to be an unfit parent. The state could ask because that parental civil liberties termination in a dependency, a court activity where the state tries to take the youngsters away indigenous *both* parents. In an adoption case, a judge might terminate a parent’s rights.

Now you can do this without the state’s involvement. If you have the right to prove the child was born due to the fact that of a rape, you deserve to decide what parental rights you desire the rapist come have, if any.

What if I never ever reported the rape to the police?

You must be able to prove the rape happened in among two ways:

A court judge the human of or embraced his plea to rape.

You have clear, cogent, and convincing evidence that the human being raped you, also if you never ever reported come the police, or a court never ever convicted him.


*You must additionally prove that the child was born within 3 hundred twenty job after the rape.


What is clear and cogent evidence?

IIt have to be more convincing than a preponderance of evidence (“more likely than not”), however less convincing than required to convict who of a crime (“beyond a reasonable doubt”).

How can I border or terminate the rapist’s rights to the child?

You can ask a court to border or terminate the rapist’s civil liberties in a parentage case. There space two methods to do this:

You can start record a Petition to prevent Parentage based upon Sexual Assault. The human who raped girlfriend is the Respondent. In your Petition, you must state that the kid was born as a result of sex-related assault.

You could be responding come a parentage case carried by the rapist or the state. The rapist might record a Petition to decide Parentage or questioning the state to carry out so. The state might start a parentage situation to obtain a child support order, not knowing you were raped. As part of your solution to any parentage case filed through the rapist or state, you must document a Sexual attack Allegation. This form states that the kid was born as a an outcome of sexual assault.


*Parentage Cases: If You to be Raped and also Got Pregnant has actually forms and instructions.


What wake up after I paper the Petition or Sexual attack Allegation?

There will certainly be a court a hearing about your allegation. You can ask the court to make it a closeup of the door hearing therefore only world directly associated in your instance are in the courtroom.

Will the referee order hereditary testing?

Yes, if one of two people you or the rapist asks for it by submit a motion. The court will wait to hold a hearing until the outcomes come back. If the rapist is not the father, you execute not require a hearing.


*Filing a activity for Genetic testing has forms and also instructions.


Do I need to do anything before the hearing?

You must submit your evidence to the court fourteen days before the hearing prove the rape and also that the son was born in ~ 320 work after the rape. Girlfriend must have actually a copy of the evidence served top top the rapist, or on his lawyer if he has actually one. You have the right to ask the court to seal your evidence so no one else can see it.

What go the judge decide in ~ the hearing?

The judge decides if the other human did in reality rape you, and if the boy was born since of the rape. A judge that decides you showed this gives the rapist civil liberties to the child only if you desire the judge to. The judge have the right to order the the rapist has actually no legal rights (is not a legit parent), or friend can permit the rapist to it is in a legal parent with minimal rights.

*If the judge decides friend did not prove the rape, the parentage instance will go forward. The judge may award the other person parental rights. You might still have the ability to restrict the person’s time with the child. Speak to a lawyer.


What rights would the rapist lose?

Unless you specifically agree otherwise in writing, the rapist will certainly NOT have any kind of of these rights:

To visit with the child.

To do decisions around the child.

To inherit indigenous the child.

To obtain any an alert of fostering of the child.

Will the child gain the rapist's critical name?

It is approximately you. If the judge find the rape happened, and also you perform not desire the boy to have actually that person’s last name, the judge will certainly not order it.

I execute not want the rapist to have any kind of rights come the child. Deserve to the referee still order him to pay boy support?

Only if girlfriend ask because that it. You can also ask the referee to order the rapist come reimburse you for any kind of costs pertained to the child’s birth. This can include premiums because that the child’s health care.

I was married to the person who raped me. I have actually filed because that divorce. Deserve to I asking the judge to border or finish his rights to ours child?

Yes. You have the right to ask the court to border the rapist’s civil liberties in either of this ways:

You deserve to still paper a Petition to prevent Parentage based upon Sexual attack

Otherwise, in your divorce you have the right to ask because that a parenting setup that provides your spouse minimal or no call with the child because it is not in the child’s best interest.

My brand-new husband wants to take on my child. Perform we need the rapist’s consent to the adoption?

Not if a court judge the human of raping friend OR you deserve to prove that did. View “What if I never reported the rape come the police,” above. You must still document a Petition to prevent Parentage based upon Sexual assault case to gain a court come order the the rapist has no parental rights.


This publication provides basic information concerning your rights and responsibilities. It is no intended as a substitute for certain legal advice.This info is present as of may 2019.

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