California advances bill easing custody burden for rape survivors

The State Assembly advanced a bill Thursday that will lessen the burden of survivors of sexual assault trying to gain sole custody of their children.

Senate Bill 1364 would change a California law that requires a rape conviction in order for parental rights of an abuser to be automatically terminated. Sen. Caroline Menjivar’s (D-San Fernando) bill would change this law so that if a sexual assault results in pregnancy, the survivor can gain full custody of the child by providing “clear and convincing” evidence of the assault.

“It is time for California to catch up to the almost 25 other states that have this protection in law,” Menjivar told the Assembly Judiciary Committee on Tuesday. “So by removing the uniquely high burden of proof on survivors to protect their well-being and child after a traumatic event, SB 1364 moves in the right direction by adding clear and convincing evidence [as] the new level of proof to get this protection.”

The Judiciary Committee passed and referred the bill to the Assembly floor, where it was approved Thursday morning.

Menjivar told the Committee on Tuesday that the bill came to her straight from constituents, who spoke with her about their experiences trying to gain sole custody of a child conceived through rape. One constituent who wrote a letter to the Committee said that despite police reports, medical records and an admission of guilt over text, she was unable to secure a criminal conviction and is now forced to share custody with the man who assaulted her.

“I have spent years navigating the system that often leaves survivors and their children without any real protection,” the letter reads. “Had a law like SB 1364 been available, my child and I would have had a clearer path to safety, stability and healing.”

Only around 4% of reported sexual assault claims result in convictions, according to a 2025 NBC News investigation. 

“The high bar that's been set is based on the myths surrounding sexual assault,” said Sandi Johnson, senior legislative policy counsel at RAINN, the nation’s largest anti-sexual violence organization and sponsor of SB 1364.

“Whether or not somebody reports sexual assault, it's a deeply personal decision and is often impaired by fear about being believed, fear about whether or not the system is going to protect them,” Johnson said.

In California, a court ruling on custody and visitation rights can only take into consideration how a child was conceived if there was a conviction to begin with. SB 1364 seeks to change this law by allowing a judge to consider any clear and convincing evidence that the child was conceived through a sexual assault, and if it would be for or against the “best interests of the child” for the perpetrator to be allowed contact with the child.

The bill was amended to clarify that, in the best interest of the child, both parties should be involved in the child’s life. Menjivar further added a provision that should the mother begin a relationship, coparenting or otherwise, with the perpetrator, it would remove the ability to ask for sole custody. 

“This bill is really about trying to create a pathway for survivors to seek healing for themselves and their child,” Johnson said.