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

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

  • Total voters
    74
Re: If a man fathers a child through rape, should he have visitation or custody right

ChrisL said:
I know the system is screwy. I will look into it more, but I have to say, just like a LOT of crimes, when accused you go to jail and then bail out or wait for court. That is not unusual.

In this particular case, since the man was never convicted, it is definitely questionable. Although, I can't see this woman going out and making a huge deal out of this if it was all a made up story. Not impossible though.
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The unusual part is when it is used to gain custody.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

I found this which has some interesting information in it. It says the reason why women are usually awarded custody is because in the past, men worked and women stayed home. That only makes sense. Also, because it is the woman who goes through the pregnancy and birthing process to deliver the child into the world, which affords her extra bonding time with the baby/child, so it is automatically assumed that the mother will be more nurturing than the father.

It's not that way anymore though, and this link also states that things are changing in that regard, albeit slowly, but changes like this always take time. I still stick to by earlier statements about men convicted of rape though. In that case, I don't think it should even be considered "his" child.

Why Do Women Win Most Custody Battles? - Attorneys.com
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Actually, upon further review, laws that would deny visitation rights under such circumstances will likely be exploited by some women who seek to avenge being jilted in a consensual relationship after the sire breaks off the relationship in favor of another woman. It may also be exploited as a lever for procuring more child support than is mandated by the Court.

NEW RULE: Any woman who foolishly decides to carry such an ill-begotten pregnancy to full term should anticipate visitation by the sire, whether legally or otherwise. After all, any man who would rape a woman is not likely to be dissuaded from visiting his child by any mere court order. Visitation rights should be granted unless the sire had also been convicted of battery, kidnapping, or terroristic threats in furtherance of rape.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
Actually, upon further review, laws that would deny visitation rights under such circumstances will likely be exploited by some women who seek to avenge being jilted in a consensual relationship after the sire breaks off the relationship in favor of another woman. It may also be exploited as a lever for procuring more child support than is mandated by the Court.

NEW RULE: Any woman who foolishly decides to carry such an ill-begotten pregnancy to full term should anticipate visitation by the sire, whether legally or otherwise. After all, any man who would rape a woman is not likely to be dissuaded from visiting his child by any mere court order. Visitation rights should be granted unless the sire had also been convicted of battery, kidnapping, or terroristic threats in furtherance of rape.
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That's a terrible idea. I'm glad you don't make the rules. :roll:
 
Re: If a man fathers a child through rape, should he have visitation or custody right

ChrisL said:
That's a terrible idea. I'm glad you don't make the rules. :roll:
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A more terrible idea is for a woman not to abort such a pregnancy.

One stupid turn deserves another, I says. Indeed, one could not help but wonder if an actual rape took place in such circumstances.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
NEW RULE: Any woman who foolishly decides to carry such an ill-begotten pregnancy to full term should anticipate visitation by the sire, whether legally or otherwise.

After all, any man who would rape a woman is not likely to be dissuaded from visiting his child by any mere court order.

Visitation rights should be granted unless the sire had also been convicted of battery, kidnapping, or terroristic threats in furtherance of rape.
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There are many who opt to carry said baby to full term, and should do so without reprecussion or fear of legal visitation and involvement in her life from the aggressor in question.

Merely assuming that the father will attempt to play a role in the baby and the mother's life does not justify failing to ensure legal protection against such actions.

Why require another form of battery or a felony of some sort in order to limit parental rights? The baby was conceived as a bi-product of both violence and sexual battery, more than enough to justify removing the child from the perpetrators influence and immediate grasp.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
A more terrible idea is for a woman not to abort such a pregnancy.

One stupid turn deserves another, I says. Indeed, one could not help but wonder if an actual rape took place in such circumstances.
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That's your opinion. It is up to the woman.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
A more terrible idea is for a woman not to abort such a pregnancy.

One stupid turn deserves another, I says. Indeed, one could not help but wonder if an actual rape took place in such circumstances.
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Says most, but not all. Not your call in any instance, and rightfully so.

Ah yes, punish the mother for bearing the burden of a terrible crime, and simultataneously question the veracity of her claims. Important to note that all sexual assaults are not reported on the spot, under fear of violence, social persecution, and actions of the like (Especially cases pertaining to under age girls, children born through incest etc. etc.)
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Hare said:
Why require another form of battery or a felony of some sort in order to limit parental rights?
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For the reasons I have have already articulated: Such laws will invariably result in false accusations of rape and wrongful convictions.

Do you seriously doubt that this will happen in the fullness of time?
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
For the reasons I have have already articulated: Such laws will invariably result in false accusations of rape and wrongful convictions.

Do you seriously doubt that this will happen in the fullness of time?
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So you want to force women to abort pregnancies that are the result of rape, even if she WANTS to have the child?

And why wouldn't you suggest adoption?
 
Re: If a man fathers a child through rape, should he have visitation or custody right

ChrisL said:
That's your opinion. It is up to the woman.
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And it is up to her to expect visitation from the sire, who will no doubt interpret her failure to abort as an assertion that she actually enjoyed having sex with him and may like to do so again.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Good thing women are no longer required to marry the damn rapist. In my opinion if there is DNA or eye witness testimony from other than the person raped, it should be a mandatory death sentence. Someone touches my wife it will be.

Why should a rapist get any rights? What the heck is government thinking??????
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
For the reasons I have have already articulate: Such laws will invariably result in false accusations of rape and wrongful convictions.

Do you seriously doubt that this will happen in the fullness of time?
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Such laws are already on the books in many states, Run along and fetch me the statistics quantifying the number of false rape accusations in those states in contrast with the remainder and then perhaps we can have a more meaningful discussion of the proposed law that excludes gut hunches and assumptions.

There are false accusations pertaining to crimes of all sorts, regardless of laws that seek to curb them, In any instance, the proposed good that would result from the legislation being proposed seems to outweigh the potential repercussions by a hefty margin.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
And it is up to her to expect visitation from the sire, who will no doubt interpret her failure to abort as an assertion that she actually enjoyed having sex with him and may like to do so again.
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Well, if she wants to have sex with him again, then she probably wouldn't have a problem with visitation, and if he enjoyed the sex enough to come back after the birth of the child, then he can help pay for the child too.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

ChrisL said:
So you want to force women to abort pregnancies that are the result of rape, even if she WANTS to have the child?
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Of course not. That being said, I do not want to make a mess of the family and criminal justice system either; nor do I want to see an innocent man be sentenced to a lengthy prison term for a crime he did not commit, all because he had the misfortune of knocking up a ruthless and vindictive woman he did not love, or who no longer loves him.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
Of course not. That being said, I do not want to make a mess of the family and criminal justice system either; nor do I want to see an innocent man be sentenced to a lengthy prison term for a crime he did not commit, all because he had the misfortune of knocking up a ruthless and vindictive woman he did not love, or who no longer loves him.
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I doubt that MOST people who are convicted of rape are innocent. More often than not, when convicted they are guilty. Rapes have always happened and still do. Of course, all criminals say they are innocent. LOL! Just because YOU believe it doesn't mean it's true though.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Hare said:
In any instance, the proposed good that would result from the legislation being proposed seems to outweigh the potential repercussions by a hefty margin.
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Oh really? Says who, you?...

...as well as every family law and criminal defense attorney who stands to profit from such bad law?

How many false rape accusations would satisfy you? Better question still: How many wrongful convictions would satisfy you?
 
Re: If a man fathers a child through rape, should he have visitation or custody right

ChrisL said:
I doubt that MOST people who are convicted of rape are innocent.
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MOST do not have to be innocent in order for such law to be recognized as bad law.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
Oh really? Says who, you?...

...as well as every family law and criminal defense attorney who stands to profit from such bad law?

How many false rape accusations would satisfy you? Better question still: How many wrongful convictions would satisfy you?
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If you have no stats to back up your claims, then your statements are weak. You think we are going to just abandon justice and sacrifice society for the good an extremely small percentage, which would happen with any justice system? Then, you're just inviting lynchings. Yes, let's go backwards in time. Good idea. :roll:

Things would be MUCH worse for those who are falsely accused without a justice system.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Sig said:
Oh really? Says who, you?...

...as well as every family law and criminal defense attorney who stands to profit from such bad law?

How many false rape accusations would satisfy you? Better question still: How many wrongful convictions would satisfy you?
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I speak for myself and myself only, although judging by the purely anecdotal polling data from this particular website, I'm hardly a renegade in this instance.

You seem to be under the impression that criminal defense and family law attorneys aren't involved in other family matters of the sort. Bad news, with or without the proposed legislation being put into place, lawyers will have a rather large role in custodial hearings, cases pertaining to sexual assault, divorce, and so on, it's simply unavoidable.

If your looking for someone to coddle and attempt to reason with your absurd platitudes, loaded questions and mindless braying, you've reached a dead end.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

ChrisL said:
If you have no stats to back up your claims, then your statements are weak. You think we are going to just abandon justice and sacrifice society for the good an extremely small percentage, which would happen with any justice system? Then, you're just inviting lynchings. Yes, let's go backwards in time. Good idea. :roll:

Things would be MUCH worse for those who are falsely accused without a justice system.
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I don't think it is an extremely small percentage of men who do not get custody because they are men.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Aberration said:
I don't think it is an extremely small percentage of men who do not get custody because they are men.
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No, I'm referring to false convictions for rape.
 
Now that we have DNA technology, a lot juries prefer DNA evidence before they will convict someone of rape. There is even a name for this. It's called "the CSI effect."
 
Re: If a man fathers a child through rape, should he have visitation or custody right

ChrisL said:
If you have no stats to back up your claims, then your statements are weak. You think we are going to just abandon justice and sacrifice society for the good an extremely small percentage, which would happen with any justice system? Then, you're just inviting lynchings. Yes, let's go backwards in time. Good idea. :roll:
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Hows abouts if you goes and checks out the stats for false convictions resulting in lengthy prison sentences and see how many of them are for rape convictions?

Then answer me this: How many men do you think will be wrongfully convicted of rape after being falsely accused under the circumstances I have already described?
 
Re: If a man fathers a child through rape, should he have visitation or custody right

I'm going to be hated for this, but then again, I'm always saying things people disagree with and might hate me for, so I guess I'm used that by now.

Anyway..

I don't much care for this idea of the state restricting access to your children and I despise of this idea of having your time served and still being punished for it by the state. That is really all I'm going to say here, but its without doubt I disagree with about fifty two people here so far.
 
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