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.
March 7, 2014 by Robert Franklin, Esq.
I should have known. For weeks now I’ve been wondering what opponents of shared parenting in Nebraska would come up with to justify opposition to LB 1000, Senator Russ Karpisek’s bill that encourages greater parenting time for fathers. Opponents of children having meaningful relationships with their fathers post-divorce have long made specious claims about a variety of issues they hoped would deflect the public’s attention from what they were really doing. And the tactic worked.
So they claimed fathers were likely to be abusive to children, and so couldn’t be trusted with custody. That of course overlooked the well-established fact that about twice the abuse and neglect of children is done by mothers acting alone as by fathers acting alone. That data come to us from the U.S. Administration for Children and Families that collects information from state child welfare agencies every year. The anti-dad crowd didn’t want us to know the facts about who commits child abuse. After all, if that information were to be used to deny a parent custody, it would be mothers watching their children walk away with their dads rather than the other way around.