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Another Example of Our Screwed-Up Laws

  1. Mar 9, 2010 #1

    Char. Limit

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    http://wadvpress.org/?p=58

    http://docs.dads-house.org/Statutory_Rape_Victims_Must_Pay_Child_Support.pdf [Broken]

    Only in America could a guy get raped and have to pay the child support too.
     
    Last edited by a moderator: May 4, 2017
  2. jcsd
  3. Mar 9, 2010 #2
    Lovely, just lovely.
     
  4. Mar 9, 2010 #3
    Statutory Rape =/= Rape

    Just because the kid is under eighteen and the girl he had sex with is over eighteen does not mean he magically has no responsibility to their child.
     
  5. Mar 9, 2010 #4
    The child is also a victim here. And it's the child's right which has more priority, to be brought up under reasonable conditions. Hence both parents have to contribute. The mother contributes by raising a child, and the father with income to provide a better life. That will never change.
     
  6. Mar 9, 2010 #5

    Char. Limit

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    Statutory rape isn't rape? Funny, then why do we treat it as a crime?

    When a guy commits statutory rape on a girl, we say that she isn't mature enough to give informed consent. Why not afford the same courtesy for a 13-year-old boy?

    Yes, 13. Hardly able to give informed consent.

    Where do I get the 13? Well, the boy is 15 now, and the girl is 21. She had sex with him when she was 19.

    Also, where exactly is a fifteen year old going to get the 1,000 a month for child support?
     
  7. Mar 9, 2010 #6
    it's not really that bad

     
  8. Mar 9, 2010 #7

    Char. Limit

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    It's called hyperbole...

    Well, at least the poor kid learned about family law pretty early on. Child support, "visitation"... yep, that's the stuff to teach a teen.

    Bet you he's scared off of women for life.



    See? Hyperbole.

    Also, I like how you ignored every rational part of my post to focus on the one bit of sarcastic exaggeration, which, in turn, had its own point (15yos don't have incomes).
     
  9. Mar 9, 2010 #8
    He should have worn protection.

    Good on him for getting the older chicks, if she is ugly well that is a different story!
     
  10. Mar 10, 2010 #9

    Hepth

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    it says he was 15 when conception happened in the story
     
  11. Mar 10, 2010 #10

    Char. Limit

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    Fair enough, Hepth. Fair enough.

    So, at 17 now, I suppose he can work and can support child support.

    Now for the other problem...

    if statutory rape isn't rape, why do we treat it as one when the girl is underage, but not when the guy is underage?
     
  12. Mar 10, 2010 #11
    I did not say it was not a crime. The OP says he was raped. I pointed out that statutory rape and rape are not the same thing. The later implies that he was forced to have sex and had no control over what happened so we should wonder why he is being held responsible for a thing which he had no control over. If a young girl has sex with an older man and gets pregnant she is still responsible for what happens to that child. We do not make her have an abortion, we do not make her put the child up for adoption or give it up to the state. Having that child is her right and her responsibility. That the under age person in the story is male changes none of this. He has both rights and responsibilities as a parent of that child.
     
  13. Mar 10, 2010 #12

    Char. Limit

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    The other thing I find humorous...

    I just noticed it upon rereading. The judge decreed the kid should pay child support... and custody hasn't even been fully decided yet.

    I hope the statutory rapist goes to jail. She knew what she did, even if wrong or not quite wrong, was illegal. And I hope the father and his parents get the child.

    But custody hasn't even been decided yet. Are we that hasty to pin child support on the father?

    Every day I grow more inclined to reject marriage, reject women, reject people. It's easy, because all I see around me (in real life, not online) are idiots.
     
  14. Mar 10, 2010 #13
    Ya like a womans going to have to pay child support cmon now...
     
  15. Mar 10, 2010 #14

    Matterwave

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    We don't force actual rape victims to have abortions, or give up their babies for adoption either...the girl DOES have the OPTION of abortion or putting the child up for adoption(not that she should exercise it - I am, myself, against abortion). The logic in your post is faulty.
     
  16. Mar 10, 2010 #15
    While males and females may not have the same options as a matter of circumstance my main point still holds. Male or female you are possessed of both rights and responsibilities to your own child regardless of the circumstances of its conception.
     
  17. Mar 10, 2010 #16
    Yes, women can be made to pay child support.
     
  18. Mar 10, 2010 #17

    Char. Limit

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    HOWEVER, Statutory (how coincidental, that), the male has no RIGHT to choose whether his baby is born or not, and yet bears the RESPONSIBILITY to care for the child.

    And now I can see your next argument like a baseball bat coming towards me... so...

    No, he did not know what he was doing. If we can maintain that a 15yo girl can not give an informed consent, then since girls mature faster than guys, a 15yo guy also could not have given informed consent. So, he did not know what he was doing, he had no say at all in whether the child was born, and he's saddled with the responsibility.

    Let's see... no informed decision making, no rights, and part of the responsibilities.

    Do you see why misanthropy makes sense to me?
     
  19. Mar 10, 2010 #18
    The ability to be able to determine whether the child is born or not is a matter of circumstance. The female is the one that becomes pregnant she is the one that is able to do something about this.

    Informed consent or no he consensually participated in the conception of the child. All underage persons, despite the law saying that they are not capable of informed decisions, are held responsible for their actions, only by a differing standard. If an underage person kills someone they are held responsible. If an underage person steals they are held responsible. Ect ect ect. Why should one not be held responsible for their own child? Why does it matter that she was older? If they were both underage he would be held responsible. The only difference is that she is older and theoretically should have known better.

    And yes he has rights. He and his family are currently trying to get custody of the child and could very well succeed. As a matter of fact I am wondering if he was ordered to pay child support due to his attempt to gain custody. He also has rights to visitation and half legal rights. I do not see what you mean by him not having any rights. He has not the right to simply abandon his child, no.


    On a side note I do not believe there is any hard evidence that "girls mature faster than boys" in a psychological sense. Females do however physically mature faster which is where I believe that old 'factoid' comes from.
     
  20. Mar 10, 2010 #19
    When the mother of a child is the non-custodial parent, yes, they pay child maintenance. The financial support of a child is incumbent upon both parents. What's "cmon now" about?
     
    Last edited: Mar 10, 2010
  21. Mar 10, 2010 #20

    BobG

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    I assume the mother has at least temporary custody of the child, hence the child support. Child support is more than just a monetary dispute between the "adults". The child is a third party that has a stake in the case. The child support is for the child (not the mother or the father) and the money is going to follow the child, even if it may only be a temporary arrangement in this particular case.

    In some states, the wording of sexual offense statutes could make it almost a certainty the mother wouldn't get permanent custody, since she's a sex offender. Other states make an exception for statutory rape if it's considered in the best interest of the child.
     
  22. Mar 10, 2010 #21
    I completely agree with you that if the kid is not deemed legally old enough to have sex with someone over 18 then he should not be held responsible for child support. The girl broke the law and should have to fend for herself.
     
  23. Mar 10, 2010 #22
    Furthermore, the "age of consent" in statutory rape legislation should be the same as the age in which a man can be tried before a court of law as an adult.

    It's hypocritical to deny a young man the ability to express consent, and at the same time
    allow him to be tried as an adult.
     
  24. Mar 10, 2010 #23

    cronxeh

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    I am sorry but this is hilarious


    So she was over 18, and he was 13, and she was 'baby sitting' him, and they had sex, and then anal, and she got pregnant, and then sued him for child support, then was arrested for statutory rape, and then won the case for child support?

    :rofl:
     
  25. Mar 10, 2010 #24

    mgb_phys

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    Happens a lot, courts making money tend to have a different aim in their judgements from courts handing out money.

    There was a case of a bunch of long-term contract staff at HP.
    The plant closed and the court ruled they were contractors and so didn't get any notice/severance pay, unemployment benefit.
    Then the IRS ruled that they were employees and so had to pay retrospective employment insurance for all the time they worked there.
     
  26. Mar 10, 2010 #25

    cronxeh

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    They were having sex for years before she got pregnant.. Perhaps its time to charge parents with negligence or at least not providing condoms? See if parents were charged for crimes their offspring commited, perhaps we would had a better society. Imagine a kid going away to foster home under social workers' supervision, finally learning to read and count and not dealing crack on the street. Now imagine their parents thrown in jail, paroled, community service wearing those orange jump suits and picking garbage they left on the side of the road.

    What a glorious vision. Think about it, if your car that you parked suddenly just rolled down the street and killed a bunch of people, you would be charged. Your kids are your property, your responsibility. If you cant raise them or dont know how to raise them properly, you shouldnt operate your sex machinery, or if you chose to do so you should face the consequences your spawn creates for the rest of the society.
     
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