Bill would terminate parental rights of sexual assault offenders

Paternal rights of children conceived from sexual assaults could be terminated under a bill heard by the Judiciary Committee Feb. 6.

Under LB182, introduced by Lincoln Sen. Bill Avery, a biological mother would be allowed to terminate the parental rights of a biological father who is convicted of a sexual assault during which the child was conceived. The court would determine if child support payments by the biological father are in the child’s best interest.

He cited a Nebraska case in which a woman became pregnant as the result of a sexual assault and chose to give birth to the child. In an effort to avoid a public trial, the mother agreed to let the perpetrator plea to a lesser charge, he said, so the biological father was granted visitation rights to the child.

Patricia Samuels, a family law attorney in Norfolk, testified in support of the bill, saying that sexual assault charges often are reduced because the victim does not want to confront the assailant in a courtroom. Assailants who are not convicted of first-degree sexual assaults could be allowed visitation rights to the child conceived from the assault, she said.

Robert Sanford, representing the Nebraska Domestic Violence Sexual Assault Coalition, also supported the bill, saying current laws require ongoing contact between the victim and the abuser.

He cited a Nebraska case in which an 11-year-old conceived as a result of a sexual assault and gave birth to the child when she was 12 years old. She was bullied by her peers for being pregnant at a young age and was forced to allow the biological father visitation rights, Sanford said.

No one testified in opposition and the committee took no immediate action on the bill.