In the face of the “Me Too” movement, Maryland’s Legislature has finally taken the necessary steps to provide additional protections to rape survivors by passing the Maryland Rape Survivor Family Protection Act.[1]  Once Governor Hogan signs the bill into law, victims of rape, who became pregnant as a result of that rape, will be able to revoke the parental rights of their attackers.[2]  The Act will protect these women from having to negotiate with their alleged rapist over custody or putting a child up for adoption.^[3]  The bill has been labeled as an emergency bill and will become effective upon enactment.[4] The Maryland Rape Survivor Family Protection Act was introduced over 10 years ago, but failed to pass through the General Assembly 9 times.[5]  Some have attributed the delay to a lack of women involvement in key legislative committees.[6]

The passage of this Act is long overdue and will help address a real issue many woman are faced with.[7]  Studies show that between 17,00 to 32,000 rape-related pregnancies have occurred each year during the last two decades.[8]  The bill will protect both the mother and child from post-birth interactions and harassment by their attacker, because the attacker is prevented from legally holding parental rights.[9]  Prior to passing the bill, Maryland was 1 of 7 states that did not offer protection to families in this situation.[10]  Now Maryland is joining 43 other states that have legislation that places some restrictions on a rapist’s parental rights.[11] Additionally, the Maryland Legislature has removed another obstacle to the termination of an attacker’s parental rights, because the bill does not require a rape conviction to terminate rights.[12]

Similar bills in other states currently offering legislative protections vary greatly in the safeguards provided.[13]  Currently, 20 states require a conviction, which creates a problem, because many sexual assaults don’t make it to prosecution.[14]  Maryland’s legislation can offer more protection to families because it does not require a woman to obtain a rape conviction against her assailant.[15]  A judge will be authorized to terminate an assailant’s rights based on a finding of clear and convincing evidence of the attacker’s guilt.[16]

[1]Rape Survivor Family Protection Act, S.B. 002, 438^thSess. (Md. 2018); Brandon Carter, Maryland Governor Expected to Sign Law Ending Parental Rights for Rapists, The Hill (Feb. 8, 2018, 2:53pm), http://thehill.com/homenews/state-watch/372981-maryland-governor-to-sign-bill-ending-parental-rights-for-rapists.
[2]  Brandon Carter, Maryland Governor Expected to Sign Law Ending Parental Rights for Rapists, The Hill (Feb. 8, 2018, 2:53pm).
[3]Doug Criss & Tony Marco, Maryland’s Among a Handful of States that Allow Rapists Parental Rights. That’s About to Change, CNN (Feb. 9, 2018, 2:53 pm), https://www.cnn.com/2018/02/08/health/maryland-rapists-rights-trnd/index.html.
[4]Dep’t of Legislative Services, Md. Gen. Assembly, Fiscal and Policy Note: S.B. 002, Family Law – Child Conceived Without Consent – Termination of Parental Rights (Rape Survivor Family Protection Act) (Feb. 8, 2018),  http://mgaleg.maryland.gov/2018RS/fnotes/bil_0002/sb0002.pdf.
[5]Michela Dwyer, Maryland is Right to Let Rape Survivors Deny their Rapists Parental Rights, DBK (Feb. 2, 2018), http://www.dbknews.com/2018/02/02/maryland-rape-survivor-family-protection-act/.
[6]Carter, supra note 2.
[7]Id.
[8] Dep’t of Legislative Services, supra note 3.
[9]Carter, supra note 2.
[10]Id.
[11]Id.
[12]Criss & Marco,supra note 4.
[13]Id.
[14]Criss & Marco, supra note 4.
[15]Id.
[16]Carter, supra note 2.

Kelly Gillett is a third-year day student at the University of Baltimore School of Law. She will graduate in May 2018. She is a Staff Editor for the UB Law Forum. She has dedicated her legal career thus far to her strong interest in family law. She has also demonstrated her commitment to helping low-income families through her participation in the Mediation Clinic for Families and the Bronfein Family Law Clinic. Before law school, she earned a B.A. in psychology at Towson University.