March 10, 2014 by Robert Franklin, Esq.
Close on the heels of yesterday’s post comes this (Bangor Daily News, 3/9/14). Yesterday’s post dealt with an explicitly sexist bill that just passed the New Hampshire Senate. If enacted into law, it would strip every man of parental rights who fathers a child via sexual assault. Women who sexually assault, for example, underage boys, suffer no reduction or deprivation of parental rights. And of course those boys still have to pay child support for any child that results from such an assault.
As I said, the idea of depriving a man who, for example, rapes a woman, of parental rights to any child conceived by the assault has strong visceral appeal. But that’s no less true of a woman who rapes a boy, so if the bill is the right thing to do to male assailants, why wouldn’t it be just as right for female ones? Why the frank misandry of the bill? The New Hampshire Legislature is mum on that subject.
March 9, 2014 by Robert Franklin, Esq.
Earlier today, a reader emailed me to suggest I do a piece on underage boys being made to pay child support for a child conceived via sex with an adult, for example a teacher. It’s a common phenomenon and the law is clear in all states I’m familiar with – the boy must pay to support his child despite the fact that, by law, he was raped by the woman. I emailed back saying I’d do that the next time it came up in the news.
Well, apparently all I had to do was type the words, because, while this article isn’t exactly what he was looking for, it’s close (My Champlain Valley, 3/6/14).
All rape laws are based on the concept of lack of consent. If sexual intercourse occurs and the victim didn’t consent, we call that rape. Statutory rape laws wire around the issue of consent by presuming that, if a person is under a certain age, say 15, he/she isn’t mature enough to give consent. Therefore, lack of consent is not an element of the crime of statutory rape. Lack of consent is a legal given based solely on the age of the victim.