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If my child was conceived through rape, can the person who raped me get custody or parenting time?
The judge cannot give the offender any custody or parenting time (visitation) if your child was conceived as a result of the rape and the offender was criminally convicted of:
- rape in the third degree, which is sexual intercourse with a child under age 16;
- rape in the second degree, which is sexual intercourse with a child under age 14; or
- rape in the first degree, which is sexual intercourse:
- by force, regardless of the victim’s age;
- with a child under age 12;
- with a child under age 16 where the victim is the offender’s sibling, child, or stepchild; or
- with a person who cannot give consent because they are mentally impaired, physically helpless, or cannot understand what is happening.1
However, the offender will still be required to pay child support.2
1 Or. Rev. Stat. §§ 107.137(6)(a); 107.105(1)(b); 163.355; 163.365; 163.375
2 Or. Rev. Stat. § 107.137(6)(b)
