Sharia court orders jail for rape victim unless kids handed to rapist. Wait … I meant Alabama.

By SemDem | 16 June 2019
Daily Kos

(Credit: Wikicommons / Mark Taylor)

A young woman from Birmingham, Alabama was raped and impregnated four times by her uncle. She was just 12-years old when the raping started: her mother’s half-brother would constantly climb in her bed. She endured this hell for years:

Raped at 14, she miscarried.

Raped at 16, she gave birth to a baby boy.

Raped at 18, she gave birth, but her child died from a disease common to incest cases.

Raped at 19, she gave birth to her second son.

Despite the DNA evidence, her uncle was never convicted of rape. It wouldn’t matter if he was anyway. In Alabama, a rapist is entitled to visitation rights, and can even sue for custody. It’s one of only two states that allow this.

However, this horror takes on new meaning in Alabama, because last month the state passed a law outlawing the destruction of embryos for ALL victims of sexual assault. The law even prescribes jail for doctors who perform the procedure. In fact, the only exception to the law is given to in vitro fertilization labs, which routinely destroys tons of fertilized eggs; yet this is deemed okay because rich, white Christian women use them.

Now that abortion is outlawed for all rape survivors in Alabama, the survivor is forced to bear child. At the very least, you’d think the lawmakers would fix the loophole (assuming it even is a loophole) that would allow the rapist custody and visitation. Well, actually, one Alabama lawmaker did try to do just that by introducing a bill to terminate the parental rights of rapists. Unfortunately, this being Alabama, “pro-life” lawmakers amended the bill to only pertain only to people who rape their OWN children and require that the rapist be convicted of first-degree rape.

Alabama lawmakers prattled on about how the first-degree rape conviction is needed to prevent fraud and abuse. Much like their “voting fraud” claim, it’s all fake. Yet lawmakers failed to explain why multiple lessor offenses can terminate parental rights in Alabama without a conviction. Drug use and neglect, for example, only require “clear and convincing evidence”; but not rape.

These lawmakers obsessed with protecting the rapist either didn’t know or didn’t care that their actions only encourage women to seek abortion, since they now know that their ordeal won’t end when the rape is over. These monsters, on the other hand, have it pretty good: they get to choose the mother of their children regardless of whether she consents or not, the woman will be forced to bear child, and it will be entirely up to the rapist how involved he will be in his victim’s life.

For this one particular young woman in Birmingham, it’s already been a nightmare.

“It’s sickening. I’ve spent my entire life scared to death of my rapist, and now, I’m fighting him for custody of my children.”

Even though she was the one who was violently and sexually violated, the criminal is the one calling the shots—and the only jail time being threatened has been directed at the victim:

The man that raped Jessica still has visitation rights to her two children. The judge told Jessica she’d have to spend 48 hours in jail for each visit she denied her rapist.

Even Florida isn’t this backwards—anymore, at least. In 2010, a Florida woman’s rapist tried to get full custody of her child. Thankfully, she got a sane judge who was interested in the circumstances in how the child was conceived. The woman, Analyn Megison, went on a crusade to convince Florida lawmakers to pass protection for rape survivors. President Obama even signed the Rape Survivor Child Custody Act, which gave states federal funding for rape victim advocacy programs if those states pass a similar law not requiring criminal conviction.

Alabama passed on that.

Terminating parental rights for rapists is too cruel, according to the Alabama GOP. They only want to terminate parental rights for truly terrible crimes—like being a Guatemalan immigrant coming here with her toddler to escape violence.

Putting on a robe doesn’t always mean conservatives rise to the occasion. Case in point: Roy Moore, the Chief Justice of the Alabama SCOTUS. He was a credibly accused child molester who often sided with the defendants in child rape and other sex crime cases. I’d say avoid this state altogether, but the problem isn’t just in Alabama. It’s other states with GOP-dominated legislatures.

In Nebraska, a young woman was violently attacked and her rapist was charged with first-degree sexual assault; however, he was allowed to plead to a lesser charge of third-degree sexual assault. In Nebraska, this protects his parental rights:

“Now, I have to text my rapist or email my rapist. To leave my daughter with someone I didn’t trust. (I’m) forced to parent with him and to see him on a weekly basis … to talk to him about my daughter’s school activities and her health.”

Now the rapist has been granted unsupervised visits that just continue to grow longer:

Ohio is another state that requires a conviction to terminate parental rights. Their recent “heartbeat” law brought attention to the state because an 11-year old child, who was raped and impregnated by a 26-year old, is now required to bear the rapist’s child.

This isn’t happening in Iran, Saudi Arabia, or another Middle Eastern country the GOP attacks for having Sharia courts. This is happening right here in the U.S. The Taliban has nothing on the GOP when it comes to subjugating women.

If you are fortunate enough not to live in one of these GOP-dominated states, you are still not safe. Keep in mind what Mitch McConnell and Donald Trump have been 100% focused on doing: completely remaking America’s courts by putting right-wing conservative, misogynist judges for lifetime seats at every level. A third of judicial appointments have now been hand-picked by Trump, and they are frightening. One new judge blamed women for their own rape, another compared abortion to slavery, and yet another said birth control is an assault on religious liberty. It doesn’t make a lick of difference if you are in a blue state—your rights are in danger.

I get irritated when I hear Democrats and Independents say they will consider “moderate” GOP candidates. These candidates are in the mold of Susan Collins of Maine: they’ll decry what is happening, but will always vote to confirm the monsters who are making it possible.

These horrible stories aren’t just anomalies in red states, but rather the end game of what the GOP wants for the rest of us.

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21 COMMENTS

  1. why is the pic of Islam the new nazism/sharia law, that's bs unless you equate sharia law with christian faith. Alabama is obviously a fake christian state

    • In the USA, the term “Christianity” has been appropriated by right-wing, misogynist, white-supremacist culture. If you sincerely follow Christ’s teachings, better call yourself Christ-followers or something else. The name Christian is forever besmirched by the actions of XtiaNazis

  2. I can’t believe that a 10 year old rape victim is forced to bear her rapists baby. Aren’t they aware that it can be dangerous for a child that young to go through childbirth? Can you imagine a 10 year old mother? And now a rapist can sue for custody? A ten year old in this situation will never have the childhood she deserves

    • They don’t care. To them, a girl child is nothing more than a sperm repository…& eventually, a “host” incubator for babies that they will take no responsibility for…but will eventually also rape

    • The rapist should be incarcerated if not killed. What the hell is wrong with these idiots??? Disrespect to women gone into the legal system. The politicians must be incestual rapists themselves. That is disgusting.

  3. "This isn’t happening in Iran, Saudi Arabia, or another Middle Eastern country the GOP attacks for having Sharia courts. This is happening right here in the U.S. The Taliban has nothing on the GOP when it comes to subjugating women."

    Then why the headline slamming Sharia law?

    • Because these assholes assert a religious basis for all the evil shit they do, and then piss and moan about foreign theocracies’ religions they do not understand.

    • its a joke. they're juxtaposing what people like to assume happens with Sharia law based on public perception and saying its actually happening right now under their own nose.

    • Actually yes it does in those countries and the reason for the headline is due to christians like these pointing fingers at shiria law when they do the same shit. Its not that hard to figure out.

    • If she left the state with the children and the rapist didn't give permission, she would be arrested and thrown in jail for interfering with his visitation and custody. She could completely lose custody of her kids for trying to protect them. It happens to victims of domestic violence all the damn time.

  4. The fact that a rapist has any parental rights at all is beyond me. What the hell are we thinking? We are a cruel, insane civilization to allow such cruelty to both mother and child.

    Can you imagine being forced to leave your female child with a rapist father? I’d run away, change my name and do whatever I could to protect her.

  5. Alabama is the most disgusting backward state in the US! I can't believe these antiquated laws in favor of rape and incest. What kind of christianity is this? You are supposed to make laws that protect children from rapist and molesters not encourage the male public to take their choice. This will continue to escalate until these lawmakers are given the boot. If the people in Alabama can't see what is happening then they are all a bunch of immoral sadistic morons. These lawmakers need to be voted out of office and the sooner the better. I would be moving from that state without even giving it one thought!!

  6. It’s disingenuous to say Sharia law is happening in Alabama. Just like some laws, within the US judicial system, are not good it’s only as impactful as the judge or prosecutor behind them. Sharia law is the legal system within Muslim countries based on Islam. Most of it is pretty common sense and straightforward but again only as impactful or negative as the people, typically men just as here, make it. I say it’s disingenuous because saying sharia law takes the blame off of the US judicial system. And while sharia law has its negatives and its detractors this kind of headline and rhetoric continues to vilify muslims. Who like anybody else in the world are not a monolith.

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