An Act To Protect Victims of Sexual Assault
Sec. 1. 19-A MRSA §1658, as enacted by PL 1997, c. 363, §1, is repealed and the following enacted in its place:
§ 1658. Termination of parental rights and responsibilities in cases involving sexual assault
The parental rights and responsibilities with respect to a specific child conceived as a result of an act of sexual assault by the parent of that child must be terminated in accordance with this section.
Sec. 2. 22 MRSA §4055, sub-§1-B is enacted to read:
SUMMARY
Current law allows a court to terminate the parental rights and responsibilities of a parent who was convicted of a crime involving sexual intercourse when the child for whom the parental rights and responsibilities are being terminated was conceived as a result of that crime. This bill expands that law by requiring a court to terminate the parental rights and responsibilities of a parent if it can be shown by clear and convincing evidence that the child was conceived as a result of an act of sexual assault by that parent.
This bill also establishes a presumption that a parent is unwilling or unable to protect a child from jeopardy if the child was conceived as a result of an act of sexual assault by the parent.