One Mother's Plea For Congress to Enact the Child Custody Protection Act
Editor's note. The following testimony by Joyce Farley was given to the House Judiciary Committee Subcommittee on the Constitution on May 12, 1998.


I am here today to tell you why I support the Child Custody Protection Act. My daughter was a victim of several horrible crimes between the ages of 12 and 13. My child was provided alcohol, raped, and then taken out of state by a stranger to have an abortion. This stranger turned out to be the mother of the adult male who provided the alcohol and then raped my 12- year-old daughter while she was unconscious. The rapist's mother arranged and paid for an abortion to be performed on my child. This woman lied and falsified records at the abortion clinic to make sure this abortion would be completed without my knowledge. The abortion had been arranged to destroy evidence - - evidence that my 12-year-old daughter had been raped. On August 31, 1995, my daughter, who had just turned 13, underwent a dangerous medical procedure without anyone present who knew her past medical history as shown by the false information in the medical record.

Following the abortion, the mother of the rapist dropped off my physically and emotionally battered child in another town 30 miles away from our home. The plan was to keep the rape and abortion a secret. If I had not contacted the state police on the morning of August 31, 1995, when I found my child missing, she might not be alive today. Severe pain and bleeding revealed complications from an incomplete abortion. ...When my daughter began having complications... I contacted the New York clinic only to be told that her bleeding was normal and to increase her Naprosyn, which was given for pain, to every hour if needed. Being a nurse, I knew this advice was wrong and could be harmful, but my daughter would not have known this. It was obvious proper care could not be received from the New York clinic. Our family doctor made a referral to a gynecologist, and my daughter received the care she needed - - in spite of the fact that the clinic made it difficult to obtain her medical records. Who would have helped my daughter if the mother of the rapist was successful in keeping the abortion a secret? My child suffered terribly, but I am thankful that she is alive.

The bill you are considering today may help prevent this from happening to my neighbor's child, my future grandchildren, or any child in the United States. It has been three years since these crimes were committed, but my daughter still suffers physically and emotionally. I cannot erase what happened to my daughter, only God and time can heal her pain. I will do whatever is in my power to protect not only my children, but all children. I am calling on all of you to do the same.

During the last three years, I have been discouraged many times thinking our government and justice system have failed to protect our greatest resource and blessing, which is our children. I have asked myself, how could a medical procedure like abortion be more protected in this nation than our own children? I don't care what your views on abortion are - - just don't let them interfere with the protection of a child. Please, don't turn your head and ignore what happened to my daughter because it could happen to yours.

I live in the state of Pennsylvania where there are laws to try and protect children from dangers that can occur with an abortion. These laws were violated when my child was transported across state lines without my knowledge or consent. In 1995, I contacted the State Police, the FBI, and the Attorney General's office. I wanted something done about my daughter being raped and then kidnapped so the evidence could be aborted. I am still shocked and horrified by the crimes committed against my daughter who I love so dearly.

The rapist pled guilty to two counts of statutory rape as a plea bargain when charged with rape. The mother of the rapist went to trial and was convicted by a jury with interfering with the custody of a minor. This judgement was reversed and remanded for a new trial by the Superior Court of Pennsylvania on October 20, 1997. The three judges reached their decision because of a supposed unclear jury instruction. After reading their judgement, it was obvious to me that they did not have accurate information to decide this case. I then wrote a response to the Superior Court judges, but to my understanding it was never read. I sent each one of you a copy that I hope you will read. I am not looking forward to another trial, but I will do whatever is necessary for justice to be served.

This case attracted national media attention because an abortion was involved. Responses I have received from the public are shock and disbelief that someone could do such a horrible thing to a child. In fact, many voiced retaliation. I am not a violent person and do not seek retaliation. I am seeking prevention and asking for your help. I believe the majority of the people in our nation want to protect children from harm. Unfortunately, they are at times a silent majority. I am asking you, in closing, to make sure the Child Custody Protection Act becomes a law of our great nation.

Thank you for allowing me, an ordinary citizen, to speak before you and participate in the Government of the United States.