Rep. Matt Pierce, D-Bloomington, sat on the Interim Study Committee on Corrections and Criminal Code, which endorsed the proposal.
“When you just look at the question, ‘Should a rape survivor have laws designed so she doesn’t continuously have to deal with the perpetrator?’ It’s okay on the surface,” Pierce said. But, he said, it’s complex.
If a rapist no longer has parental rights, does he still need to pay child support?
What level of proof is required to verify a rape occurred and resulted in a child?
Could a parent in divorce proceedings claim the child was a result of rape and thereby gain custody of the child?
The committee’s proposal addresses these questions more fully than an earlier version of the bill, introduced last session by Rep. Hal Slager, R-Schererville, did, Pierce said.
The proposal would require the rapist to continue paying child support if parental rights ended, even though in most cases child support stops when parental rights do.
To determine if the rape occurred and led to birth, civil proceedings with a “clear and convincing evidence” level of proof would be accepted rather than criminal due process. The judge would also consider the best interest of the child while making the decision, Pierce said.
Pierce said several other states have dealt with this issue, and the bill is in line with those efforts.
The bill will be introduced to the full legislature when it reconvenes in January.
Cora Henry
