Bill > S1069

This bill provides legal protections for survivors of rape and their children by modifying several chapters of Massachusetts law to restrict parental rights for individuals convicted of specific sexual crimes. The bill prevents courts from granting visitation, custody, or parental consent rights to individuals convicted of or found to have committed certain sexual offenses (specifically referencing sections of chapters 265 and 272 of Massachusetts law) involving rape or sexual assault. Even if a conviction was not obtained, courts can still find a person committed such a crime through clear and convincing evidence. The legislation allows for limited exceptions where visitation or custody may be granted, but only if it is determined to be in the best interests of the child and the child's mother provides affirmative consent. Importantly, the bill specifies that terminating these parental rights does not prevent the perpetrator from being required to pay child support and does not prevent the child from inheriting from the parent. The bill covers scenarios including cases where a child was conceived during a rape, where the victim was pregnant during or as a result of the crime, or where the child was a victim or witness to the crime, thus providing comprehensive protection for survivors and their children.

Justice

https://malegislature.gov/Bills/194/S1069