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House OK’s bill restricting rapists’ custodial rights
First Published Mar 11 2013 11:20 am • Last Updated Mar 18 2013 11:37 am

A bill restricting the parental or custodial rights of a convicted rapist unanimously passed the Utah House of Representatives Monday.

Rep. Craig Hall, R-West Valley City, sponsored HB152 after learning about the case of Shauna Prewitt, a Missouri resident who was allegedly raped in 2004, gave birth to a daughter and was then served with papers by the accused rapist seeking custody of the girl.

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Hall discovered there was no law on the books to prevent that same situation from happening in Utah.

"A rapist may be able to convince a judge it’s in the best interest of the child. He may say ‘I’m reformed and found God and I am a better man now.’ And the judge may believe him," Hall said. "The state should in no way force the victim to stay in a relationship with a rapist to raise a child."

Rep. Patrice Arent, D-Millcreek, said she was startled it wasn’t already law in Utah and praised the proposal.

The bill allows a convicted rapist to have parental rights if the rape victim consents to it and a court determines it’s in the best interest of the child or the two parents live together and establish a relationship to raise the child.

A convicted rapist, however, would remain on the hook for paying child support.

The measure passed 74-0 and now moves to the Senate.

dmontero@sltrib.om

Twitter: @davemontero


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