View Poll Results: If a man fathers a child through rape, should he have visitation or custody rights?

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Thread: If a man fathers a child through rape, should he have visitation or custody[W:56]

  1. #201
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Quote Originally Posted by rocket88 View Post
    It is impossible to be a father via rape. Being a father ain't about sperm cells.
    I see what you're saying, but there's no legal foundation for it. Identifying the father of a child legally isn't about the rights of the mother. Child support isn't about the rights of the mother, it's about the welfare of the child. All through this thread people seem to be forgetting that the child is a person.

    My understanding is that if a woman refuses to name the father then he's off the hook unless he seeks a relationship with the child, which is pretty unlikely in the case of violent rape.

    But make no mistake about it, if a child is conceived by rape and the father is still in the picture, as is often the case with statutory rape, then he'll be tapped for the child support, even if he is the victim of the rape. And, again, that's not about being unfair to the father. It's about the needs of the child.

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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Not alls states and certainly not all courts allow rapist's visitation rights. In the instance I know of, the court not only ordered he never visit, come within 100 miles, make any contact or even mention the name of the woman, child or any relative (unless in closed court hearings), but even formally denied him the status of biological parentage, ordering his name not appear on any birth certification and ordering that the hospital may destroy such records and all court and police records sealed. Since he got 2 life sentences plus 20 to run consecutively, it all may be moot anyway. And that was on a plea bargin.

  3. #203
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Quote Originally Posted by joko104 View Post
    Not alls states and certainly not all courts allow rapist's visitation rights. In the instance I know of, the court not only ordered he never visit, come within 100 miles, make any contact or even mention the name of the woman, child or any relative (unless in closed court hearings), but even formally denied him the status of biological parentage, ordering his name not appear on any birth certification and ordering that the hospital may destroy such records and all court and police records sealed. Since he got 2 life sentences plus 20 to run consecutively, it all may be moot anyway. And that was on a plea bargin.
    Sounds fair to me.
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  4. #204
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    "If a WOMAN mothers a child through rape, should SHE have visitation or custody rights?

    We have 85% agreement on this issue when a man rapes a woman. Now let's see if we have a sexist forum.

    I think exactly the same justice should be applied.

  5. #205
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Quote Originally Posted by DaveFagan View Post
    "If a WOMAN mothers a child through rape, should SHE have visitation or custody rights?

    We have 85% agreement on this issue when a man rapes a woman. Now let's see if we have a sexist forum.

    I think exactly the same justice should be applied.
    Yes, because that is a HUGE problem. Women are just raping men all over the place! LOL!
    Last edited by ChrisL; 08-27-12 at 06:52 PM. Reason: I can't even find any stats about women raping men!

  6. #206
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Quote Originally Posted by ChrisL View Post
    Yes, because that is a HUGE problem. Women are just raping men all over the place! LOL!
    Whether it's a huge problem or not, which it's not, isn't the issue though. He's simply turning the tables on the situation.

    I agree with DaveFagan. It should be pretty much the same deal if the woman is guilty of rape -- very rare, but still.
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Quote Originally Posted by Van Basten View Post
    Whether it's a huge problem or not, which it's not, isn't the issue though. He's simply turning the tables on the situation.

    I agree with DaveFagan. It should be pretty much the same deal if the woman is guilty of rape -- very rare, but still.
    Yes, I agree too. Anytime somebody forces sex on somebody who is not a willing participant, it is rape no matter the gender. But it is probably EXTREMELY rare that a woman rapes a man, whereas women getting raped is a HUGE problem and happens multiple times every single day, so the comparison was just a little silly to me.

  8. #208
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Quote Originally Posted by LowDown View Post
    I see what you're saying, but there's no legal foundation for it. Identifying the father of a child legally isn't about the rights of the mother. Child support isn't about the rights of the mother, it's about the welfare of the child. All through this thread people seem to be forgetting that the child is a person.

    My understanding is that if a woman refuses to name the father then he's off the hook unless he seeks a relationship with the child, which is pretty unlikely in the case of violent rape.

    But make no mistake about it, if a child is conceived by rape and the father is still in the picture, as is often the case with statutory rape, then he'll be tapped for the child support, even if he is the victim of the rape. And, again, that's not about being unfair to the father. It's about the needs of the child.
    I understand this. But why would the child want to have anything to do with a deranged man who raped her mother and did not love her?

    I say the state pays for the child, or the church, for the rest of the child's life, including counseling for child and mother.
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  9. #209
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    Quote Originally Posted by DaveFagan View Post
    "If a WOMAN mothers a child through rape, should SHE have visitation or custody rights?

    We have 85% agreement on this issue when a man rapes a woman. Now let's see if we have a sexist forum.

    I think exactly the same justice should be applied.
    In the case of statutory rape in which the father is the rape victim not only does the mother keep all of her rights as a parent but the father is required to pay child support.

    Seen through the lens of the progressivism of equal rights this sounds monstrously unfair, but it's about giving the child what it needs, not about forging absolutely equal treatment for the parents out of a situation that is inherently and unavoidably not equal. Life isn't fair, life is contingency. Bang on your high chairs and scream like little girls at the unfairness of it all. It won't do you any good.

    Take responsiblity for what happens to you. Even if you're a victim, don't be a victim.

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  10. #210
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    Re: If a man fathers a child through rape, should he have visitation or custody right

    "Statutory rape" is something different.

    A man can't become pregnant and give birth if raped by a woman. Its' not the same.

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