SENATE BILL: Rapists Shouldn't Have Custody Act of 2014 (Redraft Law'd)

[Southern Senator North Carolina Yankee]

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[Southern Senator North Carolina Yankee]

The sponsor has 24 hours to begin advocacy.

[Goldwater]

Looks good to me.

[H.E. VOLODYMYR ZELENKSYY]

Not to be an MRA or anything, but I'm offering this teensy amendment (the word "fathered" could lead to some legal loopholes and I'm not sure the first sentence differentiates beween the rapist and the victim):

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[Adam Griffin]

Support.

[TNF]

Alfred's amendment is friendly.

This is apparently a real life problem, which is what caused me to introduce the bill. It's pretty straightforward. Rapists shouldn't get to have custody of children they fathered through rape.

[Cincinnatus]

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Status: 24 hours to object.

[Cincinnatus]

Without objection, the amendment has been adopted.

[Fmr. Pres. Duke]

I support. This seems to be a pretty cut and dry issue.

[H.E. VOLODYMYR ZELENKSYY]

Should we go for a final vote? I doubt anyone here actually supports giving rapists custody of their children.

[🐒Gods of Prosperity🔱🐲💸]

I support. This seems to be a pretty cut and dry issue.

I'm not so sure it is.

For one thing, it's not clear what the constitutional authority is the Senate is relying on here to delve into regional custody issues and prohibiting the regions from taking certain actions.

More fundamentally, is the assumption here that a perpetrator can never be a fit parent to a child conceived in such an act?  Or is this about punishment?  It's one thing to say a child should not be taken away from a victim and given to the perpetrator, but that's not what this bill says.

[Lumine]

I support this as well. I mean, even if the perpetrator had the potential to technically be a good parent, I don't think he should be allowed to be near that child. It would bring a major psychological trauma to him and specially to the mother.

[Fmr. Pres. Duke]

I support. This seems to be a pretty cut and dry issue.

I'm not so sure it is.

For one thing, it's not clear what the constitutional authority is the Senate is relying on here to delve into regional custody issues and prohibiting the regions from taking certain actions.

More fundamentally, is the assumption here that a perpetrator can never be a fit parent to a child conceived in such an act?  Or is this about punishment?  It's one thing to say a child should not be taken away from a victim and given to the perpetrator, but that's not what this bill says.

There's no reason to keep the victim and the perpetrator tied together like that. That's why I'd support this without question. Even if the perpetrator could be a good parent, it isn't worth it.

[🐒Gods of Prosperity🔱🐲💸]

Again, we can't assume that in all cases the victim either has or wants custody,  esp. since this bill was just broadened to be gender neutral.

[President Tyrion]

I support. This seems to be a pretty cut and dry issue.

I'm not so sure it is.

For one thing, it's not clear what the constitutional authority is the Senate is relying on here to delve into regional custody issues and prohibiting the regions from taking certain actions.

More fundamentally, is the assumption here that a perpetrator can never be a fit parent to a child conceived in such an act?  Or is this about punishment?  It's one thing to say a child should not be taken away from a victim and given to the perpetrator, but that's not what this bill says.

It's certainly a punishment to the victim to have the perp raise the children, for one.

[Fmr. Pres. Duke]

If the victim doesn't want to raise the child, adoption is available. I highly doubt circumstances will arises where the victim wants its perpetrator to raise the child or even have custody of it. Put the child in a home that is safe and happy, not one where its parent has a history of rape and assault. 

Remember, any contact at all between the victim and perp is pretty traumatizing, and I think the best argument that can be made for this is that it protects victims from more emotional distress.

[TNF]

I am prepared for a final vote.

[Fmr. Pres. Duke]

Yes, I am ready to sign this is the senate passes it. I'm not really concerned with the wishes of a convicted rapist, and I highly doubt any scenario will arise where the victim will request her perp take custody of the child, and even if this would occur, I think the state has a duty to protect that child from being sentenced to that fate.

[🐒Gods of Prosperity🔱🐲💸]

It's not standard that a criminal, even of violent crime, is completely barred from having custody of a child at the end of their sentence no matter the circumstance, so I don't understand why the blanket rule here, rather than allowing for the best interest of the victim and the child in each case. And I still haven't heard the constitutional authority for this.

But okay, can we at least allow a woman convicted of rape the ability to arrange an adoptive home for the child, if no one else seeks custody?  Or is the child consigned in such a case to be ward of the state?

[Fmr. Pres. Duke]

Sure, sure, I'm fine with that, shua.

[Lumine]

After reading more and actually paying more attention, Shua is right in us not addressing the constitutional point yet.

On one hand, Article I Section 6.7 states (in the context of the powers of the Senate) that "no Law requiring any action to be taken or to be not taken by a Region shall be passed, except to preserve the rights of the Senate or of the People enumerated under the Constitution. " On the other hand, Article I Section 5.5 states that we can "establish uniform rules of Naturalization and Alienation, Marriage and Divorce, and Adoption and Emancipation of Minors throughout the Republic of Atlasia. ", which would technically allows us to mandate the regions in light of an uniform rule of adoption, and to preserve the rights of the people that appear on the Constitution.

Problem is, the rights in Article VI don't seem to match this case, so I'm at a loss here...

[Fmr. Pres. Duke]

I don't get to constitutional law for another week or so, so please don't ask me to analyze our constitution.

[🐒Gods of Prosperity🔱🐲💸]

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[TNF]

Amendment is friendly.

[Cincinnatus]

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Status: 24 hours to object.