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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 34 U.S.C. § 21302 Findings us united_states_code code_section 34 CRIME CONTROL AND LAW ENFORCEMENT 213 RAPE SURVIVOR CHILD CUSTODY 21302 34 U.S.C. § 21302 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip /us/usc/t34/s21302 data/legal/raw/us/code/title-34/usc34.xml 15618ce532c23befc9a366b5d261633a77e82e0343afb16408418dcf47e0e6b7 7528207b20373f75fea96478ab5313727f47852e5364ee8c5ea18909f66a9da3 8b53013e347ac68e94fa76d701929ad3f0bc7178b0de3fdf4b52cfff46df5717 2026-07-04 official
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34 U.S.C. § 21302 - Findings

Text

Congress finds the following:

(1) Men who father children through rape should be prohibited from visiting or having custody of those children.

(2) Thousands of rape-related pregnancies occur annually in the United States.

(3) A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists.

(4) Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes.

(5) The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia.

(6) The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)).

(7) Currently only 10 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape.

(8) A rapist pursuing parental or custody rights causes the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, and can make it more difficult for her to recover.

(9) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child.

(10) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them.

(Pub. L. 11422, title IV, § 403, May 29, 2015, 129 Stat. 256.)

Notes

Editorial Notes

Codification Section was formerly classified to section 14043h1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.