The New Yorker Radio Hour31 Jan 2023

The Custody Battles Awaiting Mothers of Children Conceived in Rape

Exceptions in the case of rape used to be considered a necessity in abortion legislation, even within the pro-life movement. But today ten states have no rape exception in their abortion laws, and more will likely consider moving in that direction this year. “I think few people understand how common this scenario actually is,” the contributing writer Eren Orbey, who has reported on the issue, says; according to C.D.C. statistics, nearly three million women have become pregnant as a result of rape. With abortion laws changing, more and more women will be forced to carry these pregnancies to term. In some cases, they’ll find themselves tied to their assailants through the family-court system until their children turn eighteen. “Many states . . . require a conviction for first-degree rape—which is really hard to come by even if there’s a lot of evidence—in order to terminate parental rights,” Lucy Guarnera, a professor of psychiatry and neurobehavioral sciences at the University of Virginia, says. Orbey talks with Guarnera, one of a few researchers who have studied this issue in depth, and with a mother of twins about the challenges of parenthood under these conditions. “The reality is: these exceptions are far less effective than we assume they are,” Orbey says. “They create the false impression that we’re taking care of all rape survivors when we’re not.”

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