Baby Born Out Of Rape, Can The Rapist Seek Custody Of Boy?

**phallic13** · 03-19-2008, 05:06 AM

hello, My girl friend was raped by a known male friend of hers while she was visiting India. My girlfriend holds US citizenship. She got pregnant after rape and decided to give birth to the baby. Now, after the boy is born ...her rapist has followed her into US and is planning to seek Paternity / Custody for boy. The rapist is Indian citizen, my GF is US citizen and the boys BC does not bear rapist name. My GF is having a terrible time just thinking whether she will have to come face to face with her rapist for a paternity suit....CAn anyone please tell me , if her rapist has any chance of seeking paternity right to that boy...I will appreciate your reply.Thanks.

**aaron** · 03-19-2008, 06:18 AM

Did she file a police report? Was the rapist prosecuted?

**phallic13** · 03-19-2008, 06:25 AM

Unfortunately she did not...she was in astate of shock and her family tried to hide it because of a stigma associated with rape.....No, the rapist roams free....sad state of affairs....thanks Aron for quick response...i need help.

**phallic13** · 03-19-2008, 06:28 AM

And yes this lacuna that the rapist can allege that the boy was born out of a consenual sex ,since my GF hasnt filed a police report,this lacuna is creating all the nightmares...This is so wroong, first loosing your spirit and body to a savage and now having to live through hell.

jk · 03-19-2008, 09:31 PM

it would seem the apparent father would be able to claim his rights to his child.

as a side note, it would seem your screen name is a bit inappropriate considering what your girlfriend has experienced, don;t you?