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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?


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

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.
 
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.
 
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.

Sounds fair to me.
 
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.
 
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.

Yes, because that is a HUGE problem. Women are just raping men all over the place! LOL!
 
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Re: If a man fathers a child through rape, should he have visitation or custody right

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

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

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.
 
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.

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.
 
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.
 
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.
If the rape victim can carry the child to term, then he should get to decide.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

If the rape victim can carry the child to term, then he should get to decide.

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

If the rape victim can carry the child to term, then he should get to decide.

Main thing is, she shouldn't be allowed to sue him for child support.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Main thing is, she shouldn't be allowed to sue him for child support.

If she raped him, then no way. Must be even harder to prove for the guy because a lot of people would probably not believe him.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

If she raped him, then no way. Must be even harder to prove for the guy because a lot of people would probably not believe him.


No longer a simple answer with 85% agreement. Yet, justice should be the same.
 
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.

Let's see if I understand you. If a woman rapes a man (through threat, weapon, whatever), becomes pregnant by that man and carries the baby to term, are you asking if her maternal rights should be abolished and the man should have sole discretion on how the child is raised, and who raises it?

If that is what you mean, then my answer is yes. If there was justice in the world, the woman would be in prison for the rape and should be legally restrained from ever contacting her victim or his child again.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

See, and I disagree with that-- a woman should never have her parental rights involuntarily severed except as a consequence of harm (or potential harm) done to the child. If she conceives a child by raping a man, she should do time for the rape-- but she's still the child's mother.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

See, and I disagree with that-- a woman should never have her parental rights involuntarily severed except as a consequence of harm (or potential harm) done to the child. If she conceives a child by raping a man, she should do time for the rape-- but she's still the child's mother.

then you agree with the idea that a rapist SHOULD have parental rights? or is that only if it is the mother? (A sexist idea if EVER I have heard one.)
 
Re: If a man fathers a child through rape, should he have visitation or custody right

If the rape victim can carry the child to term, then he should get to decide.

THAT isnt the question, if the child is concieved by her raping a man, and is brought to term should she has visitation and custody rights?
 
Re: If a man fathers a child through rape, should he have visitation or custody right

then you agree with the idea that a rapist SHOULD have parental rights? or is that only if it is the mother? (A sexist idea if EVER I have heard one.)

Only if it's the mother. You want to call me sexist, go for it-- biology is sexist. The mother bears all of the responsibility and the hardship of gestating and delivering the child; it is by virtue of those acts that parental rights naturally reside with her, and not by the act of conception.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Only if it's the mother. You want to call me sexist, go for it-- biology is sexist. The mother bears all of the responsibility and the hardship of gestating and delivering the child; it is by virtue of those acts that parental rights naturally reside with her, and not by the act of conception.

I am the primary caregiver for my child, I am male, am I not enough?
 
Re: If a man fathers a child through rape, should he have visitation or custody right

I am the primary caregiver for my child, I am male, am I not enough?

You're the primary caregiver. That's what makes you a father.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

Only if it's the mother. You want to call me sexist, go for it-- biology is sexist. The mother bears all of the responsibility and the hardship of gestating and delivering the child; it is by virtue of those acts that parental rights naturally reside with her, and not by the act of conception.

Parental rights do not exist when the threat of harm to the child overrides... sexual assault if it is commited by a man, or a woman, is really proof enough to show they are a danger to the child.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

I am the primary caregiver for my child, I am male, am I not enough?

I am a daddy to three great kids. I second this.
 
Re: If a man fathers a child through rape, should he have visitation or custody right

You're the primary caregiver. That's what makes you a father.

If effectively, I am the only parent is that enough? I cook, clean, bathe, brush his teeth, take him to the doctor, pull lunch duty and other school activities, I will teach him to sew and do laundry, budget money and food shop. I also am involved with his group sports activity and musical endeavors. Hell I just took him to Disney for MY birthday.

Does he need a mother in your opinion?
 
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