CHARLESTON, W.Va. - A candidate for the state Legislature says he wants to press for a law that would prevent rapists from claiming visitation and other parental rights to a child fathered through sexual assault.

Senate candidate Josh Martin, a Charleston lawyer, says he would push legislation to block convicted rapists from suing for parental rights in family court. He says that would help protect victims from what he calls a horrific situation.

"You are the victim of one of the worst crimes on the books, and then you have to go testify to a court why this perpetrator shouldn't be allowed to have access to the child."

Martin cites cases where rapists have tried to claim parental rights in other states. He says he doesn't know of any such cases in West Virginia, but that may be because family court records are often sealed. Martin says he hasn't heard from anyone who opposes the aim of his legislation. He says most folks say it's common sense.

"Most people were just curious as to why West Virginia didn't have such a law, and my response was 'I don't know.' "

Some states allow for the severing of parental rights without a conviction. Backers argue a criminal case can take years and leave the child's status in limbo until it's done. Martin says he's sympathetic, but adds that such a law might go too far.

"We also have to be mindful that everyone is presumed innocent, and until they are proven guilty, I think that you would have some constitutional issues there."

A study in the Georgetown Law Journal found most states have a loophole to the one in West Virginia.

U.S. Rep. Todd Akin, R-Mo., a U.S. Senate candidate, has said few rapes result in conception, but several studies have found about 5 percent of rapes cause pregnancy.


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Groups are warning an Idaho city's decision to declare itself a non-sanctuary city could have far-reaching implications.

The repercussions are still being felt from the decision by the city of Eagle, near Boise, in July.

Sanctuary cities limit their cooperation with the federal government on immigration laws. The Eagle resolution said the city will not provide services for people who are undocumented. It could be especially harmful for vulnerable community members, such as those who have experienced domestic violence or sexual abuse.

Sarah Sheehan, a clinician with the Women's and Children's Alliance in Boise, said the resolution could prevent people from getting support.

"It can create a lot of fear of seeking help from community services in non-sanctuary cities," Sheehan explained.

The Eagle city council passed the resolution on a consent agenda without public comment. It said the goal of the resolution is "maintaining the safety, well-being, and resources of its residents." Critics are urging the council to rescind it.

Some states have banned the ability for cities to declare themselves sanctuary cities, such as Florida, but a declaration of non-sanctuary status is rare. In February, Mesa County, Colorado declared itself a non-sanctuary county.

Nisha Newton, social change communications associate for the Idaho Coalition Against Sexual and Domestic Violence, said harms from the resolution could spread beyond Eagle.

"I'm just worried that this decision is going to embolden other discriminatory practices or empower other discriminatory policies throughout the state that we won't necessarily be able to catch up with as service providers and advocates," Newton noted.

Newton added people need to stand up for each other and the resolution is the wrong tactic if the goal really is to keep people safe.

"It requires all of us to build safer communities," Newton emphasized. "Our safety and our wellness doesn't come off the backs of other people being oppressed and other people being denied services."

Across the state, Ohio's domestic violence prevention programs are improving their services for human trafficking survivors.

A $1.8 million grant from the Ohio Department of Public Safety will help 32 shelters provide human trafficking training and expand case managers.

Shelley Marsh, deputy director of the Ohio Domestic Violence Network, said it will better serve the needs of individuals who may not realize what has happened to them.

"A lot of human trafficking survivors either may not know or understand that they've been trafficked," Marsh explained. "And/or don't maybe have the language to explain to someone when they are seeking services that they are a victim or survivor of human trafficking."

Marsh pointed out the grooming tactics used by traffickers normalize abuse and exploitation to the point many survivors report believing their experiences are just "how the world operates." A study by the Polaris Project of 457 trafficking survivors found 37% were trafficked by a close family member or guardian.

Marsh added the funding will also help shelters meet the needs of individuals coping with high levels of trauma.

"We also know that mental health and substance use is also not only a component of domestic and intimate partner violence and sexual violence," Marsh noted. "But certainly a significant component of human trafficking as well."

Marsh added advocates are working to increase awareness about how all interpersonal and gender-based violence is connected.

"These victimizations, while all have distinct, unique qualities, they also have a lot of intersectional issues that really need sort of holistic approaches and holistic service delivery," Marsh emphasized.

According to the Ohio Attorney General's Office, signs of possible human trafficking include a person not having their own identification documents or money, being in the presence of an overtly controlling male or female friend, and showing signs of mental, emotional or physical abuse.

To report suspected trafficking, call the National Human Trafficking Hotline at 833-373-7888.

Domestic-violence prevention organizations in Minnesota continue to express relief over a U.S. Supreme Court ruling dealing with abusers having access to firearms.

In an 8-to-1 decision released Friday, the court upheld a federal law barring people subject to a domestic-violence restraining order from owning guns. Violence Free Minnesota reported from 1989 to 2018, guns were used in nearly half of cases around the state in which adult women were killed by an intimate partner.

Connie Moore is executive director of Alexandra House, a service organization for survivors in the Twin Cities. She noted weapons are also used to intimidate a partner who is planning to escape a dangerous situation.

"Many victim/survivors have reported about a gun being pointed at them and threatening, 'I'll kill you if you leave me,'" Moore observed.

Moore noted there are still challenges in ensuring a gun's removal, even when a restraining order has been issued. Minnesota does have a law covering the removal process but support groups said there is uneven enforcement around the country. This decision comes two years after the Supreme Court greatly expanded gun rights.

Moore pointed out the federal law not only protects survivors and their children, but also first responders in 911 calls stemming from domestic violence.

"We know that domestic calls for law enforcement are one of the most dangerous calls that they go on," Moore emphasized.

She pointed to the three first responders killed earlier this year in a call in the suburb of Burnsville. The tragedy led to a change in state law concerning straw purchases of guns.

Meanwhile, survivor groups also press for reforms when it comes to obtaining a protection order, noting there are a range of barriers just getting that step taken care of.


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