210. Rory: Raped, Pregnant, and Forced to Co-Parent; A Survivor Fights Back When a survivor of rape becomes pregnant as a result of the assault, the trauma can extend far beyond the crime itself. In some cases, the survivor may face years of custody disputes, court proceedings, and unwanted contact with the person responsible for the assault. But a new California law is changing the legal options available to survivors and their children. On September 30, 2026, Governor Gavin Newsom signed Senate Bill 1364, introduced by State Senator Caroline Menjivar. The legislation addresses parental rights, custody, and visitation when a child is conceived through sexual assault. One of its most significant provisions allows a family court to make certain findings based on clear and convincing evidence, without requiring a criminal conviction. This is a different standard from the proof beyond a reasonable doubt required in criminal court. The law establishes a presumption against awarding custody to someone found to have committed sexual assault resulting in the child's conception. It also expands legal pathways for challenging parentage and terminating parental custody and control under specified circumstances. These protections are not automatic. They require judicial findings, and different provisions contain different legal requirements and exceptions. The legislation addresses an important reality: the absence of a criminal conviction does not necessarily mean a sexual assault never occurred. Survivors should have meaningful opportunities to seek protection through the civil legal system, even when criminal prosecution has been unsuccessful or never occurred. This week's guest, Rory (not her real name), helped bring attention to that very issue. Rory is a survivor who has chosen to share her experience under an assumed name. Her willingness to tell her story to California State Senator Caroline Menjivar helped initiate the effort that ultimately contributed to SB 1364 becoming law. Rory's connection with Sexual Assault Survivor Stories began when she discovered the podcast while looking for understanding and support in her own healing journey. Through listening to other survivors and learning more about sexual assault and trauma, she began finding helpful insights and a sense of community. That connection eventually led Rory to reach out to SASS, not simply to tell her own story, but to help others who may be struggling with similar experiences. For survivors whose pregnancies resulted from rape, the consequences can be extraordinarily complicated. Alongside the trauma of the assault, they may face difficult decisions surrounding pregnancy, parenting, personal safety, custody, and their relationships with the people who harmed them. The possibility of being legally required to share parenting responsibilities with a perpetrator can create additional challenges, particularly when a survivor is trying to establish safety, stability, and independence. Rory wants other victims and survivors to understand that they are not alone in confronting these circumstances. There are advocates, legal resources, survivor communities, and organizations working to help people navigate these difficult situations. Her involvement in bringing this issue to a state legislator also illustrates something important: survivors can contribute to changes that extend far beyond their individual experiences. And California's legislation offers a potential model for other states. Lawmakers elsewhere can examine SB 1364, evaluate their own custody and parental-rights statutes, and consider legislation that permits family courts to act on clear and convincing evidence rather than requiring a criminal conviction in every qualifying case. Survivors, advocates, attorneys, and community organizations can help advance those conversations by sharing experiences, educating legislators, supporting proposed legislation, and participating in the legislative process. Each state must address its own legal framework, but the underlying questions about child safety, survivor protection, and appropriate standards of proof are relevant nationwide. For Rory, sharing her experience is about more than what happened to her. It's about helping others find information, support, and possibilities they may not have known existed. Episode 210 is a conversation about the lasting consequences of sexual assault, the importance of survivor voices in shaping public policy, and the hope that can emerge when personal experiences help bring about meaningful change. Above all, it's a reminder that healing does not have to happen in isolation, and survivors deserve to know that help, community, and hope are available. For additional information: California Senate Bill 1364: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB1364 RAINN, National Sexual Assault Hotline: 800-656-HOPE (4673) RAINN: https://rainn.org Sexual Assault Survivor Stories continues its mission to normalize the conversation surrounding rape and sexual assault, encourage understanding, and remind survivors that their voices matter. An important side note: if you're finding value in this show and these amazing episodes, please take a moment to leave a 5-star rating on your podcast platform. AND, follow SexualAssaultSurvivorStories on Instagram, then, please send me a note of support. I can't tell you how much your emails mean to me—they fuel my passion to keep this podcast going. And if you're a victim or survivor of rape or sexual assault and are ready to tell your story to help yourself or someone else heal, let me know, and we can start a conversation about the possibility of you being on the show. Here's my email address:
[email protected] Thank you to all of you who have reached out to me already. Please be sure to provide me with a phone number where I can reach back out to you, and let me know what time zone you are in…because I like to talk to people who are interested in guesting. And please keep those emails and texts coming…I truly look forward to hearing from you! Here are some other critically important links that I hope you'll take the time to explore, and where a contribution is requested, please consider doing so! — Thank you!! https://www.thestrongsurvivor.com/ https://1in6.org/ https://soulwisesolutions.com https://safeinharmsway.org https://sironahealing.com/ https://www.whattheydontsay.com www.arcigrey.com https://startbybelieving.org https://evawintl.org/ As mentioned, and emphasized, it's time to Normalize the Conversation.™ And please remember to Start by Believing…because we all know someone whose life has been impacted by rape or sexual assault. Thank you for tuning in. -Dave