Protection of a Child Born from Sexual Violence

Facing the birth of a child as a consequence of sexual violence represents one of the most painful and complex situations a woman can find herself managing. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the absolute necessity of protecting both the mother and the child from any contact with the perpetrator of the crime. Italian law has taken significant steps to ensure that the biological link does not translate into a legal right for those who have committed acts of such gravity, placing the psychophysical well-being of the victim and the child at the center of normative protection.

The current legal framework aims to sever any legal ties that could allow the aggressor to exercise control or presence in the child's life. This is not merely a bureaucratic matter but a fundamental safety measure to allow the child to grow up in a serene environment and the mother to rebuild her life without the shadow of the aggressor. Understanding one's rights in this area is the first step in activating the protections provided by the legal system.

What the Law and the "Codice Rosso" Stipulate

The Italian legal system provides specific tools for the forfeiture of parental responsibility, generally governed by Article 330 of the Civil Code, but significantly strengthened by recent regulations for the protection of violence victims. With the introduction of Law no. 69/2019, known as the "Codice Rosso" (Red Code), the legislator has increased the consequences for sexual violence offenses, introducing faster and more incisive mechanisms for the loss of parental rights. Conviction for sexual violence offenses results, as an accessory penalty, in the automatic forfeiture of parental responsibility.

It is crucial to emphasize that protection is activated even during the investigation or trial phase. The Juvenile Court, upon notification by the Public Prosecutor or at the request of a party, can adopt provisional and urgent measures to suspend parental responsibility and prohibit any form of contact, pending the final judgment. This dual-track system, criminal and civil, serves to ensure that there are no gaps in protection during the period necessary for the judicial ascertainment of the truth.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is based on utmost confidentiality and speed of action. In such delicate cases, the firm does not limit itself to mere technical assistance but builds a defense strategy aimed at securing the mother-child family unit. The priority is to immediately obtain orders suspending parental responsibility, liaising with the competent authorities to prevent the biological father from advancing any claims, such as recognition of the child or visitation rights.

The Bianucci Law Firm works to ensure that the bureaucratic process does not become an additional trauma for the client. Thanks to its consolidated experience in complex family law cases, Avv. Marco Bianucci coordinates civil actions with the outcomes of criminal proceedings, so that the aggressor's conviction immediately translates into the definitive loss of all rights over the child. The goal is to obtain a judgment that sanctions total forfeiture, allowing the child to grow up free from ties to the violent parent.

Frequently Asked Questions

Is the forfeiture of parental responsibility automatic?

In the event of a final conviction for sexual violence offenses that resulted in the birth of the child, the law provides for the forfeiture of parental responsibility as an accessory penalty. However, it is always necessary for an expert family law lawyer to initiate the correct procedures before the Juvenile Court to formalize the situation and obtain implementing measures, especially in the preliminary stages of the proceedings to secure urgent precautionary measures.

Can the biological father ask to see the child?

If a sexual violence proceeding is underway or if there has been a conviction, the biological father's rights are severely limited or annulled. The judge, assessing the paramount interest of the child and the dangerousness of the parent, usually orders a prohibition of contact. The objective of the law is to prevent the right to parenthood from becoming a tool to perpetuate violence or trauma on the mother and child.

Must the child bear the surname of the violent father?

No, it is not mandatory. If the father has made the recognition, it is possible to take legal action to prevent the attribution of the paternal surname or to request its change, if it is detrimental to the child. In many cases, action is taken preventively to prevent recognition by the parent who committed the violence, protecting the child's identity from birth.

What happens if the criminal trial is still ongoing?

It is not necessary to wait for a final conviction to protect the child. While the criminal trial is pending, the lawyer can request the provisional suspension of parental responsibility from the Juvenile Court. This precautionary measure serves to freeze the biological father's rights pending the judgment, ensuring immediate safety for the child.

Request a Confidential Consultation

If you find yourself in this difficult situation, it is crucial to act promptly to protect your future and that of your child. Contact Avv. Marco Bianucci for an assessment of your case with the utmost discretion and professionalism. The firm is ready to listen to you and deploy all the necessary legal tools to ensure your peace and safety.