I came across an interesting case while looking at Quora questions. https://law.justia.com/cases/alabama/court-of-appeals-civil/1996/2950025-0.html I want to look at how the law deals with such situations and more importantly how it should deal with such cases. Now I want to make it clear at the beginning that I support the overall decision that the child gets provided for regardless of the circumstances of its birth and that responsibility falls upon both the biological mother and the biological father first and foremost. If we were to look at a case where a male rapes a female and a child results (this is under the premise the woman chooses to bring the offspring to term), then the rapist would be obligated to provide child support, but would lose all parental rights to the offspring (with noted possible variations dependent upon location). The victim has the full custody of the child and has the option to place it up for adoption. In such a case she then no longer has an obligation towards the offspring, and that may or may not take that obligation away from the rapist as well. Now we reverse the situation and the woman is the rapist and the man is the victim. Keep in mind that in the case above as presented the man was clearly drunk and witnesses testified that the woman admitted to having sex with the man while he was passed out. I see no reason, should the woman choose to bring the offspring to term, that full custody should not be given to the man, who then has the option on whether or not to place the child up for adoption. Further the woman should have the same financial obligation that a male rapist would be responsible for along with the loss of all parental rights. Keep in mind that this discussion is based upon the premise of the woman choosing to bring the resultant offspring to term, no matter which is the rapist and which is the victim. So bring up abortion as an option of the woman is a moot point. We're looking at the cases where the woman didn't choose abortion. I'm pretty sure we will have a few people who will knee jerk into this discussion with the claim that the woman could choose that option instead. Nothing in this OP is intended to indicate that even a woman rapist doesn't have that option. Of course she does. But again, we're not talking about those cases, especially since there would be no paternity suit or child support if the woman chose the abortion option.
the rapist should be in prison, not get custody and a rape victim should not have to pay child support, the State should pay it and charge the rapist
We live in trying times when males who identify as females can be knocked up by females pretending to be males. It's a whole new world out there and I'm not sure I'm ready for it.
true, but I do not support rapists regardless, heterosexual, homosexual, preachers, teachers, tall, short, male, female, etc.....
As I understand this, I am completely comfortable with the moral and legal conclusions here. Practically speaking, you are not getting any child support from the rapist for a very very long time. If he/she gets out, he/she has all the bills any of the rest of us have, including some very large restitution bills which will also end up being a garnishment alongside that child support. I am sure this person is going to be getting a well paying managorial position at a Fortune 500 company within 3 months of release to afford all these bills! Expect nothing for 20 - 30 years.
Lots of times the authorities are more reluctant to presume the rapist was a female. There are obviously two conflicting objectives going on here: protecting the victim of rape, and holding biological parents responsible for the consequences of their actions. And unlike what a lot of people find it easy to assume, a lot of times authorities just cannot know for sure exactly what happened. So in borderline "grey zone" situations, a lot of times there's a tendency to presume that the man is the one responsible, and the woman is the victim. Yes, there is a blatant gender double standard. When Feminists claim to want "equality", maybe they need to be more careful and understand exactly what that would truly mean, if fully implemented.
