do you think that the law should countenance a child support claim by a rapist against the victim?
of course. I dont want my tax dollars paying for that bastard.
No but not ever going to be an issue as how would the rapist get custody?
Justin Bieber is being sued by a woman who claims he is the father of her baby. She has custody. The only way that he could be the father of the child is if she raped him.
I am going to side with the canadian dork, Justin. No way in hell that little twerp is man enough to knock a woman up…
Not sure if they still call it rape when less than 3 years but I found this on CA age of consent. She is 20 now and he is 17, 19 when she got pregnant, so may be within 3 years. Still a crime though. Would be funny if she got herself sent to jail for trying to hit the jackpot.
CaliforniaThe age of consent is 18, with a misdemeanor if the minor has 3 or fewer years of difference with the major, and potentially a felony if the major is more than 3 years older. It is worth emphasizing that unlike most other states, the close-in-age rule in California (3 years) do not provide an exception nor provide any defense; it merely lowers the crime to a misdemeanor. Under this law, two minors of the same age could both be prosecuted. Penalties increase if the minor is under 16 and the major is above 21 or if the minor is more than 3 years younger.
I am going to side with the canadian dork, Justin. No way in hell that little twerp is man enough to knock a woman up…
You’d think he’s say, “hell yeah I did it” just so people would stop calling him a little girl.
As I understand the facts and California law, she committed statutory rape.
Assuming she did commit statutory rape whether it be misdemeanor or felony, should he be liable for child support?
No. If the law classifies him as the victim, then it would be inconsistent to hold him liable.
If it were the other way around, I can’t imagine anyone would countenance visitation rights.
No. If the law classifies him as the victim, then it would be inconsistent to hold him liable.
I agree with you. But, if he is the father, I think we will see a different outcome.
I am going to side with the canadian dork, Justin. No way in hell that little twerp is man enough to knock a woman up…
Exactly!
A number of states, including California, have held that the fact that the father was the victim of statutory rape does not provide a defense to child support, at least not in itself. I remember reading the publicized decision, and if I recall correctly, it pointed to the consensual nature of the conduct. I was intially troubled by this, as it seemed as if the idea behind statutory rape laws is to create a legal fiction that consent is not possible. I think the reality in many cases, however, is that that legal fiction is tenuous, and when you’re considering the “best interests of the child,” should the child be without support just because of some legal fiction.
"Assuming she did commit statutory rape whether it be misdemeanor or felony, should he be liable for child support? "
Isn’t the issue of support required for the child’s upbringing entirely separate from the issue of how the child came to exist in the first place?
If the law classifies him as the victim, then it would be inconsistent to hold him liable.
As between the mother and the father, the father may be a victim. But why should the child be without support just because the father is classified as a victim, especially when in reality the father engaged in consensual sex. In other words, we create a somewhat tenuous legal fiction regarding consent out of an abundance of caution in order to protect minors. But why should that legal fiction be used to the detriment of the child.
If it were the other way around, I can’t imagine anyone would countenance visitation rights.
We’re talking about child support obligations. Not visitation rights. They do not go hand in hand.
I am going to side with the canadian dork, Justin. No way in hell that little twerp is man enough to knock a woman up…
You’d think he’s say, “hell yeah I did it” just so people would stop calling him a little girl.
That wouldnt help