Thursday, June 18, 2009

Gender equity in action

If your minor son is statutorily raped by a woman which causes her to become pregnant, he will be liable for child support if the rapist decides to have the baby -- which means, you will have to pay for your son's child.

The underlying message is that boys who are raped are not totally innocent. The law considers them in some sense culpable. But this rule only applies to boys.

The prohibition against "victim blaming" has no application to them.

In the case of County of San Luis Obispo v. Nathaniel J., 57 Cal. Rptr. 2d 843 (Ct. App. 1996), a thirty-four-year-old woman had sex with a fifteen-year-old boy and became pregnant. The woman was convicted of unlawful sexual intercourse with a minor -- commonly called statutory rape. SHE decided to have the child, and after she gave birth to her daughter, she received Aid for Families with Dependent Children -- and the county sought reimbursement for the AFDC payments from the father, the 15-year-old boy. The court held that the boy, a statutory rape victim, was financially liable for the child that resulted from his victimization.

This case is not alone: "Two state supreme courts and several state appellate courts have ruled that male statutory rape victims can be financially liable for supporting a child resulting from their criminal victimization." R. Jones, ARTICLE: INEQUALITY FROM GENDER-NEUTRAL LAWS: WHY MUST MALE VICTIMS OF STATUTORY RAPE PAY CHILD SUPPORT FOR CHILDREN RESULTING FROM THEIR VICTIMIZATION? 36 Ga. L. Rev. 411 (2002). (I do love the title of that law review article -- it correctly asserts that the boys are the victims.)

There are no reported cases where female victims of statutory rape have been held to a similar support obligation, obviously because THEY have the option of an abortion.

10 comments:

Anonymous said...

Too bad this boy,and others, isn't considered to have the same "right to choice" in cocern to his body and what she took from him. Od do gender feminists consider him to be the ususal, "sperm donor"?

Anonymous said...

that should be concern

Anonymous said...

or*

The Archivist said...

Anon,

Keep in mind, that men aren't given the same reporductive rights in this country. Once you ejaculate, there is no ownership, or chioce, anymore. You are on the hook for whatever happens, if that is what the woman wants. And if she wants to get an abortion, give up the baby for adoption, use the safe haven laws that exist in several states.... well, you just have no say.

As well, this is what the courts are going to say falls under the "best interest of the children" area. Never mind that the person being punished is a child as well. This is an excellent illustration of the hypocrisy of the court system, and indicative of how that same system treats men overall.

Sgt. Mom, who regularly posts on this site, is right about one aspect of all of this. It is time men started to organize and get their voices heard. That is the only way this kind of thing is going to change.

Russ said...

The Archivist wrote,"Once you ejaculate, there is no ownership, or chioce, anymore."

That's one of my favorite canards, oft repeated by the misandrists - men have no ownership of the issue.

If we don't own it, then why are we forced to pay for it for 18 years.

The Archivist said...

Russ,

That is a very good question. And the only reason that I have come up with, is that we still have a remnant of society that says:

Hey, were equal. We demand equal, and even greater, rights. But only when we choose. Otherwise, we want to be subsidized. But we don't want to be expected to do anything for it. Just give it to us, then go away.


You've just got to love the idiots who actually bought that garbage (politicians).

Norm said...

Arch,

I don't think approx. 50% of the population can be described as a 'remnant'. (and I don't mean all women - for every women who assumes responsibility, there's a man who is an honorary woman).

Norm said...

should say, 'for every womAn..'

Anonymous said...

Equality,contrary to what feminists spew, is not a pick and choose proposition

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