Neb. bill would end parental rights in rape cases - News, Weather and Sports for Lincoln, NE;

Neb. bill would end parental rights in rape cases

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By: Jenn Hatcher

A senator is proposing a bill that would prevent a father from seeing his child.

The catch?

The child is the product of rape.

One Nebraska mother says, she's for it.

Senator Bill Avery of Lincoln introduced, LB 738.

The bill is designed to protect a victim of sexual assault and if the mother wants, do away with paternal rights, when the child was conceived through rape and the father is convicted of the crime.

Avery says, "it's designed so that someone could not plead down... and then claim parental rights."

20–year–old Noemi Martinez of Norfolk was raped in 2011.

Her daughter was born nine months later.

She says her assailant was convicted but in a plea deal he went from first degree to third degree sexual assault.

Recently the courts granted him (the father) weekly visitations.

"I think most victims of rape choose to abort their babies.  Those of us who choose to keep our child have to face the overwhelming fear of being bullied and being controlled by the rapist," explains Martinez.

Senator Bill Avery introduced a similar bill last year, which was killed.

Martinez says had the bill passed, she may not have had to repeat her story over and over again, pleading her case to lawyers and judges, retelling the story of her attack in detail.

Some lawmakers argue that this could encourage a woman to falsely report a rape, just to keep a child away from the father.



This entire issue caught national attention in May, when three Ohio women, held captive for nearly a decade, escaped the terror of Ariel Castro.

Castro fathered a child with one of the women.

Ohio law allowed Castro to request visitation rights, which were denied before his suicide.

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