When deciding whether a person may continue to have their parental rights over a child, the court takes into consideration certain crimes committed by the parent in question. This is according to Connecticut General Statute § 17a-112(j)(3)(G) Termination of Parental Rights of Child Committed to Commissioner. You can learn more about termination of parental rights and limits of rapist’s parental rights on this page.
Sex Crimes and Parental Rights
The court has the right to terminate the parental rights of a given parent if they meet certain criteria. First, this is the case if a person has committed one or more of the following crimes:
- Sexual assault in the first degree.
- Aggravated sexual assault in the first degree.
- Aggravated sexual assault of a minor.
- Sexual assault in the second degree.
- Sexual assault in the third degree.
- Sexual assault in the third degree with a firearm.
- Sexual assault in the fourth degree.
- Compelled a spouse or cohabiter to engage in sexual intercourse by the use of force or threat of force.
In addition to committing a crime listed above, the child in question must have been conceived as a result of one of these listed crimes. If both of these factors are proven to be true, then the court may terminate the parental rights of the person/parent.
According to Rape, Abuse, and Incest National Network (RAINN), the court may also terminate parental rights if a person/parent/guardian sexually abused or exploited their child or due to neglect allowed their child to be sexually abused or exploited. You can learn more about this situation here.
There are some terms mentioned in the statutes that should be made clear. While you might have a general sense of what these terms mean, it is important to understand the legal definitions as outlined by the Connecticut General Statutes.
“Sexual intercourse” is defined by Conn. Gen. Stat. § 53a-65(2) (2019). It is defined as oral sex, sexual intercourse, or anal sex. Also remember that any penetration is enough to count as intercourse. Finally, penetration can be done with an object or a body part. Conn. Gen. Stat. § 53a-193.
“Sexual contact” is defined in the statutes as any contact with intimate parts of another person.
“Intimate parts” is defined as the genital area, as well as the bodily fluids that come from the genitals, anus, groin, buttocks, inner thighs, and breasts. Conn. Gen. Stat. § 53a-65(8) (2019).
“Sex trafficking” is another common term. Understand this term if you face a parental rights termination situation. This term is defined as recruitment, holding, and transportation of people to engage in sexual conduct with another person for money.
You have a constitutional right to familial association. If you fear that your parental rights are going to be terminated by the court, you need to be able to defend yourself. A good way to do this is to contact a criminal defense attorney for assistance. Such a lawyer can guide you through the process and make sure that your rights are protected. For more information, contact our office.