NATION

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[Abortion Thread] (POLL 4) A compromising position...

For discussion and debate about anything. (Not a roleplay related forum; out-of-character commentary only.)

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What would you consider to be the best 'compromise'?

Reduce abortions with welfare supports / other non-invasive measures, leave access untouched.
132
33%
Set conditions under which abortions can be accessed.
83
21%
Allow free access, under a given time limit.
38
9%
Allow free access, but give men an option to excuse themselves from child support.
40
10%
HELL WITH COMPROMISE, IT'S MY WAY OR THE HIGHWAY!
86
21%
Look out! They're here! Pink Elephants on Parade! Here they come, hippity hoppity!
22
5%
 
Total votes : 401

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Equai
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Postby Equai » Wed Jun 01, 2022 5:22 pm

Des-Bal wrote:
Islamic Essarn wrote:
The women.


(Posting with the assumption you meant that as "the woman" and not a group of unnamed women who approve or deny abortions)

So you've conceded women are the only relevant half of the equation.

Yes because its in their body and their health depends on it? It's quite simple if you think about it. It's their rights, their choice and their body. No one elses really. It would be the same if you men were the unlucky ones to be able to be pregnant instead of women. Even tho if men were the pregnant ones the abortion would've been legalized long time ago.
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Des-Bal
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Postby Des-Bal » Wed Jun 01, 2022 5:41 pm

Equai wrote:Yes because its in their body and their health depends on it? It's quite simple if you think about it. It's their rights, their choice and their body. No one elses really. It would be the same if you men were the unlucky ones to be able to be pregnant instead of women. Even tho if men were the pregnant ones the abortion would've been legalized long time ago.


Well 1) you just agreed with me and 2) that's just not right men our society gleefully imposes responsibility on men.

Islamic Essarn wrote:
You don’t seem to understand my argument or it’s context, this is it : people who can get pregnant are only half the equation when it comes to getting pregnant but during and after pregnancy we, biologically or because of sexism, hold the vast majority of the responsibilities of having or expecting a child this means that abortion should be entirely in the hold of the person who can be pregnant, not the person who got the, pregnant. It also means that banning abortion only hurts people who can get pregnant.


No I do. Asymmetrical risk warrants asymmetrical responsibility it's just that whether you agree or disagree with that is keyed to whether responsibility comes with benefits.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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New haven america
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Left-Leaning College State

Postby New haven america » Wed Jun 01, 2022 5:44 pm

Des-Bal wrote:
Equai wrote:Yes because its in their body and their health depends on it? It's quite simple if you think about it. It's their rights, their choice and their body. No one elses really. It would be the same if you men were the unlucky ones to be able to be pregnant instead of women. Even tho if men were the pregnant ones the abortion would've been legalized long time ago.


Well 1) you just agreed with me and 2) that's just not right men our society gleefully imposes responsibility on men.

Islamic Essarn wrote:
You don’t seem to understand my argument or it’s context, this is it : people who can get pregnant are only half the equation when it comes to getting pregnant but during and after pregnancy we, biologically or because of sexism, hold the vast majority of the responsibilities of having or expecting a child this means that abortion should be entirely in the hold of the person who can be pregnant, not the person who got the, pregnant. It also means that banning abortion only hurts people who can get pregnant.


No I do. Asymmetrical risk warrants asymmetrical responsibility it's just that whether you agree or disagree with that is keyed to whether responsibility comes with benefits.

Imagine being a libertarian and arguing that people shouldn't have a choice in what they want to do with their lives.

Oh wait, that's exactly what you're doing.
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Islamic Essarn
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Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 5:51 pm

Des-Bal wrote:
Equai wrote:Yes because its in their body and their health depends on it? It's quite simple if you think about it. It's their rights, their choice and their body. No one elses really. It would be the same if you men were the unlucky ones to be able to be pregnant instead of women. Even tho if men were the pregnant ones the abortion would've been legalized long time ago.


Well 1) you just agreed with me and 2) that's just not right men our society gleefully imposes responsibility on men.

Islamic Essarn wrote:
You don’t seem to understand my argument or it’s context, this is it : people who can get pregnant are only half the equation when it comes to getting pregnant but during and after pregnancy we, biologically or because of sexism, hold the vast majority of the responsibilities of having or expecting a child this means that abortion should be entirely in the hold of the person who can be pregnant, not the person who got the, pregnant. It also means that banning abortion only hurts people who can get pregnant.


No I do. Asymmetrical risk warrants asymmetrical responsibility it's just that whether you agree or disagree with that is keyed to whether responsibility comes with benefits.


Sometimes responsibility comes worth benefits but in this case they don’t. As evidenced by postpartum depression, death in childbirth, 43% of formally pregnant people leave the work force. If you want to argue that those are positive responsibilities then i’m all ready.

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Des-Bal
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Ex-Nation

Postby Des-Bal » Wed Jun 01, 2022 5:53 pm

New haven america wrote:Imagine being a libertarian and arguing that people shouldn't have a choice in what they want to do with their lives.

Oh wait, that's exactly what you're doing.


Point to literally any instance of me saying a person shouldn't be able to have an abortion. Fetuses aren't people, having an abortion has the same moral weight as sunbathing- you're allowed to kill your cells.

I don't stop pointing out bullshit rhetoric just because I agree with the general position of those espousing it.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Stellar Colonies
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Founded: Mar 27, 2017
Inoffensive Centrist Democracy

Postby Stellar Colonies » Wed Jun 01, 2022 5:53 pm

Equai wrote:
Des-Bal wrote:
(Posting with the assumption you meant that as "the woman" and not a group of unnamed women who approve or deny abortions)

So you've conceded women are the only relevant half of the equation.

Yes because its in their body and their health depends on it? It's quite simple if you think about it. It's their rights, their choice and their body. No one elses really. It would be the same if you men were the unlucky ones to be able to be pregnant instead of women. Even tho if men were the pregnant ones the abortion would've been legalized long time ago.

Even tho if men were the pregnant ones the abortion would've been legalized long time ago.

I have my doubts regarding this considering that infant circumcision still festers on, but giving control over one's body to the one with the body is indeed the morally correct choice.
Last edited by Stellar Colonies on Wed Jun 01, 2022 5:53 pm, edited 1 time in total.
Floofybit wrote:Your desired society should be one where you are submissive and controlled
Primitive Communism wrote:What bodily autonomy do men need?
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Parmistan wrote:It's not ALWAYS acceptable when we do it, but it's MORE acceptable when we do it.
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Des-Bal
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Founded: Jan 24, 2010
Ex-Nation

Postby Des-Bal » Wed Jun 01, 2022 5:53 pm

Islamic Essarn wrote:
Sometimes responsibility comes worth benefits but in this case they don’t. As evidenced by postpartum depression, death in childbirth, 43% of formally pregnant people leave the work force. If you want to argue that those are positive responsibilities then i’m all ready.


Are you arguing women deserve those things?
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Islamic Essarn
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Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 5:57 pm

Des-Bal wrote:
Islamic Essarn wrote:
Sometimes responsibility comes worth benefits but in this case they don’t. As evidenced by postpartum depression, death in childbirth, 43% of formally pregnant people leave the work force. If you want to argue that those are positive responsibilities then i’m all ready.


Are you arguing women deserve those things?


No, I’m arguing that in this current day and age the person who can get pregnant suffer far more then person who got her pregnant

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Des-Bal
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Posts: 32801
Founded: Jan 24, 2010
Ex-Nation

Postby Des-Bal » Wed Jun 01, 2022 6:01 pm

Islamic Essarn wrote:No, I’m arguing that in this current day and age the person who can get pregnant suffer far more then person who got her pregnant

Okay so you're not in any way contradicting the statement you responded to.

Asymmetrical risk warrants asymmetrical responsibility it's just that whether you agree or disagree with that is keyed to whether responsibility comes with benefits.


If you were saying "women deserve to suffer!" I would say "while totally insane that does rebut my argument, clearly you are consistent in your beliefs."
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Islamic Essarn
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Posts: 542
Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 6:06 pm

Des-Bal wrote:
Islamic Essarn wrote:No, I’m arguing that in this current day and age the person who can get pregnant suffer far more then person who got her pregnant

Okay so you're not in any way contradicting the statement you responded to.

Asymmetrical risk warrants asymmetrical responsibility it's just that whether you agree or disagree with that is keyed to whether responsibility comes with benefits.


If you were saying "women deserve to suffer!" I would say "while totally insane that does rebut my argument, clearly you are consistent in your beliefs."


No I’m not. I’m arguing that the pregnant person should get to decide because in this day and age she, he, or they will be the one pay the consequences of having that child despite the fact that the person with the egg and the person with sperm hold equal responsibility in forming that pregnancy.

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Des-Bal
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Founded: Jan 24, 2010
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Postby Des-Bal » Wed Jun 01, 2022 6:08 pm

Islamic Essarn wrote:
No I’m not. I’m arguing that the pregnant person should get to decide because in this day and age she, he, or they will be the one pay the consequences of having that child despite the fact that the person with the egg and the person with sperm hold equal responsibility in forming that pregnancy.


Who should decide if a woman is going to get an IUD?
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Islamic Essarn
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Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 6:09 pm

Des-Bal wrote:
Islamic Essarn wrote:
No I’m not. I’m arguing that the pregnant person should get to decide because in this day and age she, he, or they will be the one pay the consequences of having that child despite the fact that the person with the egg and the person with sperm hold equal responsibility in forming that pregnancy.


Who should decide if a woman is going to get an IUD?


The person who is getting the IUD implanted

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Des-Bal
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Founded: Jan 24, 2010
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Postby Des-Bal » Wed Jun 01, 2022 6:13 pm

Islamic Essarn wrote:
The person who is getting the IUD implanted


Of course, it makes sense because it's totally asymmetrical and you agree because it involves a power.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Islamic Essarn
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Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 6:15 pm

Des-Bal wrote:
Islamic Essarn wrote:
The person who is getting the IUD implanted


Of course, it makes sense because it's totally asymmetrical and you agree because it involves a power.


Feel that you never understood my argument

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Des-Bal
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Postby Des-Bal » Wed Jun 01, 2022 6:20 pm

Islamic Essarn wrote:
Feel that you never understood my argument

I understood it completely, understood it so well I called my shot twice. Women have vastly more control over whether or not they become pregnant and have more reason to be concerned they may become pregnant than any men they're associated with. Despite having more control and a greater stake you're able to get to 50/50 responsibility because there's no advantage in not getting there.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Islamic Essarn
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Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 6:25 pm

Des-Bal wrote:
Islamic Essarn wrote:
Feel that you never understood my argument

I understood it completely, understood it so well I called my shot twice. Women have vastly more control over whether or not they become pregnant and have more reason to be concerned they may become pregnant than any men they're associated with. Despite having more control and a greater stake you're able to get to 50/50 responsibility because there's no advantage in not getting there.


First of all, both you attempts to break my arguments were both unsuccessful and showed a lack of understanding for my argument.
Do you seriously think that when it comes to reproduction men are discriminated against.

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Des-Bal
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Ex-Nation

Postby Des-Bal » Wed Jun 01, 2022 6:30 pm

Islamic Essarn wrote:
First of all, both you attempts to break my arguments were both unsuccessful and showed a lack of understanding for my argument.
Do you seriously think that when it comes to reproduction men are discriminated against.

You behaved as predicted in 100% of simulations.

Yes, men are required to pay child support to their rapists but that's not really relevant. Assuming no discrimination exists against men in any arena whatsoever it doesn't actually change the equation. If women have the power, which we have agreed is appropriate, and women face the risks which we have agreed is the case, women have a larger share of the responsibility.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Stellar Colonies
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Founded: Mar 27, 2017
Inoffensive Centrist Democracy

Postby Stellar Colonies » Wed Jun 01, 2022 6:34 pm

Hermesmann v. Seyer
Hermesmann v. Seyer (State of Kansas ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993)), was a precedent-setting Kansas, United States case in which Colleen Hermesmann successfully argued that a woman is entitled to sue the father of her child for child support even if conception occurred as a result of a criminal act committed by the woman. The case was brought in her name by the then Kansas Department of Social and Rehabilitation Services.

Hermesmann was a babysitter for Shane Seyer during 1987 and 1988. When Hermesmann was 16, she began a sexual relationship with Seyer who was 12 years old. When she was 17 and Seyer was 13, she became pregnant and their daughter was born in 1989. Criminal charges had been brought against Hermesmann by Shawnee County, Kansas, accusing her of "engaging in the act of sexual intercourse with a child under sixteen" whilst she herself was a juvenile.: 448  In the event she stipulated as a juvenile offender to "contributing to a child's misconduct" which is not a sexual offense.: 448 

In 1991, the Kansas Department of Social and Rehabilitation Services, in Hermesmann's name, took Seyer to court seeking child support. Hermesmann's criminal culpability was not addressed in this trial, as this was purely a civil court case. The Department also sought and was awarded $7,000, equivalent to $13,900 in 2021, for its own costs. However, in the later Supreme Court hearing, the Department stated it never had any intention of collecting its award.

In 1993, the Kansas Supreme Court rejected an appeal by Seyer that he was not liable to pay for child support. The court held that the admitted facts established that, because being under 16 he had been legally unable to consent to sex, a crime against him had been committed under statutory rape law, but that Seyer had actually given consent to the acts under civil law. The court ruled that "at no time did Shane register any complaint to his parents about the sexual liaison with Colleen". The court also ruled that a mother's potential culpability under criminal statutes was of no relevance in determining the father's child support liability in a civil action. The court stated "The State's interest in requiring minor parents to support their children overrides the State's competing interest in protecting juveniles from improvident acts, even when such acts may include criminal activity on the part of the other parent".

The case established a precedent which has subsequently been used in the Kansas courts. It is one of the earlier cases now cited in U.S. child-support guidelines which say that in every case that has addressed the issue the court has decided that an underage boy is liable for the support of his child even when the conception was the result of criminal conduct by the mother.

In a 1997 case before the Florida District Court of Appeal, the court's decision cited Hermesmann, saying that the Kansas decision was taken even though the Kansas statute states "a person under 15 years of age is incapable of consent as a matter of law". The court also remarked that "the Kansas court did not address the question of whether lack of actual consent (apart from the statutory definition) could form the basis of a defense to an action to establish paternity". In this case also the question of whether actual non-consent might be a defense was not before the court.
Last edited by Stellar Colonies on Wed Jun 01, 2022 6:36 pm, edited 2 times in total.
Floofybit wrote:Your desired society should be one where you are submissive and controlled
Primitive Communism wrote:What bodily autonomy do men need?
Techocracy101010 wrote:If she goes on a rampage those saggy wonders are as deadly as nunchucks
Parmistan wrote:It's not ALWAYS acceptable when we do it, but it's MORE acceptable when we do it.
Theodorable wrote:Jihad will win.
Distruzio wrote:All marriage outside the Church is gay marriage.
Khardsland wrote:Terrorism in its original definition is a good thing.
I try to be objective, but I do have some biases.

North Californian.
Stellar Colonies is a loose galactic confederacy.

The Confederacy & the WA.

Add 1200 years.

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Islamic Essarn
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Posts: 542
Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 6:41 pm

Des-Bal wrote:
Islamic Essarn wrote:
First of all, both you attempts to break my arguments were both unsuccessful and showed a lack of understanding for my argument.
Do you seriously think that when it comes to reproduction men are discriminated against.

You behaved as predicted in 100% of simulations.

Yes, men are required to pay child support to their rapists but that's not really relevant. Assuming no discrimination exists against men in any arena whatsoever it doesn't actually change the equation. If women have the power, which we have agreed is appropriate, and women face the risks which we have agreed is the case, women have a larger share of the responsibility.


First of all how many men do you know who have been raped by women.
Second of all the reason that women have more power is because we carry the pregnancy in our body.
Third of all women suffer much more then men after having children
Fourth of all all birth controls and abortion methods, other then condemns, happen to a woman's body so the only conversation that comes out of your reasoning is whether a man gets to decide whether he where a condemn which he already can.

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New haven america
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Posts: 44099
Founded: Oct 08, 2012
Left-Leaning College State

Postby New haven america » Wed Jun 01, 2022 6:42 pm

Islamic Essarn wrote:
Des-Bal wrote:I understood it completely, understood it so well I called my shot twice. Women have vastly more control over whether or not they become pregnant and have more reason to be concerned they may become pregnant than any men they're associated with. Despite having more control and a greater stake you're able to get to 50/50 responsibility because there's no advantage in not getting there.


First of all, both you attempts to break my arguments were both unsuccessful and showed a lack of understanding for my argument.
Do you seriously think that when it comes to reproduction men are discriminated against.

Yes.

Both sides face reproductive discrimination.
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That's all folks~

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Islamic Essarn
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Posts: 542
Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 6:44 pm

New haven america wrote:
Islamic Essarn wrote:
First of all, both you attempts to break my arguments were both unsuccessful and showed a lack of understanding for my argument.
Do you seriously think that when it comes to reproduction men are discriminated against.

Yes.

Both sides face reproductive discrimination.


Name one reason

User avatar
Stellar Colonies
Negotiator
 
Posts: 6447
Founded: Mar 27, 2017
Inoffensive Centrist Democracy

Postby Stellar Colonies » Wed Jun 01, 2022 6:45 pm

Islamic Essarn wrote:
New haven america wrote:Yes.

Both sides face reproductive discrimination.


Name one reason


Stellar Colonies wrote:Hermesmann v. Seyer
Hermesmann v. Seyer (State of Kansas ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993)), was a precedent-setting Kansas, United States case in which Colleen Hermesmann successfully argued that a woman is entitled to sue the father of her child for child support even if conception occurred as a result of a criminal act committed by the woman. The case was brought in her name by the then Kansas Department of Social and Rehabilitation Services.

Hermesmann was a babysitter for Shane Seyer during 1987 and 1988. When Hermesmann was 16, she began a sexual relationship with Seyer who was 12 years old. When she was 17 and Seyer was 13, she became pregnant and their daughter was born in 1989. Criminal charges had been brought against Hermesmann by Shawnee County, Kansas, accusing her of "engaging in the act of sexual intercourse with a child under sixteen" whilst she herself was a juvenile.: 448  In the event she stipulated as a juvenile offender to "contributing to a child's misconduct" which is not a sexual offense.: 448 

In 1991, the Kansas Department of Social and Rehabilitation Services, in Hermesmann's name, took Seyer to court seeking child support. Hermesmann's criminal culpability was not addressed in this trial, as this was purely a civil court case. The Department also sought and was awarded $7,000, equivalent to $13,900 in 2021, for its own costs. However, in the later Supreme Court hearing, the Department stated it never had any intention of collecting its award.

In 1993, the Kansas Supreme Court rejected an appeal by Seyer that he was not liable to pay for child support. The court held that the admitted facts established that, because being under 16 he had been legally unable to consent to sex, a crime against him had been committed under statutory rape law, but that Seyer had actually given consent to the acts under civil law. The court ruled that "at no time did Shane register any complaint to his parents about the sexual liaison with Colleen". The court also ruled that a mother's potential culpability under criminal statutes was of no relevance in determining the father's child support liability in a civil action. The court stated "The State's interest in requiring minor parents to support their children overrides the State's competing interest in protecting juveniles from improvident acts, even when such acts may include criminal activity on the part of the other parent".

The case established a precedent which has subsequently been used in the Kansas courts. It is one of the earlier cases now cited in U.S. child-support guidelines which say that in every case that has addressed the issue the court has decided that an underage boy is liable for the support of his child even when the conception was the result of criminal conduct by the mother.

In a 1997 case before the Florida District Court of Appeal, the court's decision cited Hermesmann, saying that the Kansas decision was taken even though the Kansas statute states "a person under 15 years of age is incapable of consent as a matter of law". The court also remarked that "the Kansas court did not address the question of whether lack of actual consent (apart from the statutory definition) could form the basis of a defense to an action to establish paternity". In this case also the question of whether actual non-consent might be a defense was not before the court.
Last edited by Stellar Colonies on Wed Jun 01, 2022 6:45 pm, edited 1 time in total.
Floofybit wrote:Your desired society should be one where you are submissive and controlled
Primitive Communism wrote:What bodily autonomy do men need?
Techocracy101010 wrote:If she goes on a rampage those saggy wonders are as deadly as nunchucks
Parmistan wrote:It's not ALWAYS acceptable when we do it, but it's MORE acceptable when we do it.
Theodorable wrote:Jihad will win.
Distruzio wrote:All marriage outside the Church is gay marriage.
Khardsland wrote:Terrorism in its original definition is a good thing.
I try to be objective, but I do have some biases.

North Californian.
Stellar Colonies is a loose galactic confederacy.

The Confederacy & the WA.

Add 1200 years.

User avatar
Islamic Essarn
Diplomat
 
Posts: 542
Founded: Nov 25, 2021
Ex-Nation

Postby Islamic Essarn » Wed Jun 01, 2022 6:48 pm

Stellar Colonies wrote:
Islamic Essarn wrote:
Name one reason


Stellar Colonies wrote:Hermesmann v. Seyer
Hermesmann v. Seyer (State of Kansas ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993)), was a precedent-setting Kansas, United States case in which Colleen Hermesmann successfully argued that a woman is entitled to sue the father of her child for child support even if conception occurred as a result of a criminal act committed by the woman. The case was brought in her name by the then Kansas Department of Social and Rehabilitation Services.

Hermesmann was a babysitter for Shane Seyer during 1987 and 1988. When Hermesmann was 16, she began a sexual relationship with Seyer who was 12 years old. When she was 17 and Seyer was 13, she became pregnant and their daughter was born in 1989. Criminal charges had been brought against Hermesmann by Shawnee County, Kansas, accusing her of "engaging in the act of sexual intercourse with a child under sixteen" whilst she herself was a juvenile.: 448  In the event she stipulated as a juvenile offender to "contributing to a child's misconduct" which is not a sexual offense.: 448 

In 1991, the Kansas Department of Social and Rehabilitation Services, in Hermesmann's name, took Seyer to court seeking child support. Hermesmann's criminal culpability was not addressed in this trial, as this was purely a civil court case. The Department also sought and was awarded $7,000, equivalent to $13,900 in 2021, for its own costs. However, in the later Supreme Court hearing, the Department stated it never had any intention of collecting its award.

In 1993, the Kansas Supreme Court rejected an appeal by Seyer that he was not liable to pay for child support. The court held that the admitted facts established that, because being under 16 he had been legally unable to consent to sex, a crime against him had been committed under statutory rape law, but that Seyer had actually given consent to the acts under civil law. The court ruled that "at no time did Shane register any complaint to his parents about the sexual liaison with Colleen". The court also ruled that a mother's potential culpability under criminal statutes was of no relevance in determining the father's child support liability in a civil action. The court stated "The State's interest in requiring minor parents to support their children overrides the State's competing interest in protecting juveniles from improvident acts, even when such acts may include criminal activity on the part of the other parent".

The case established a precedent which has subsequently been used in the Kansas courts. It is one of the earlier cases now cited in U.S. child-support guidelines which say that in every case that has addressed the issue the court has decided that an underage boy is liable for the support of his child even when the conception was the result of criminal conduct by the mother.

In a 1997 case before the Florida District Court of Appeal, the court's decision cited Hermesmann, saying that the Kansas decision was taken even though the Kansas statute states "a person under 15 years of age is incapable of consent as a matter of law". The court also remarked that "the Kansas court did not address the question of whether lack of actual consent (apart from the statutory definition) could form the basis of a defense to an action to establish paternity". In this case also the question of whether actual non-consent might be a defense was not before the court.


Well, if a women is raped then she still has to provide for her child.

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Stellar Colonies
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Inoffensive Centrist Democracy

Postby Stellar Colonies » Wed Jun 01, 2022 6:49 pm

Islamic Essarn wrote:
Stellar Colonies wrote:


Well, if a women is raped then she still has to provide for her child.

I fail to see the relevancy of that regarding the court case.
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Des-Bal
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Ex-Nation

Postby Des-Bal » Wed Jun 01, 2022 6:50 pm

Islamic Essarn wrote:First of all how many men do you know who have been raped by women.
Second of all the reason that women have more power is because we carry the pregnancy in our body.
Third of all women suffer much more then men after having children
Fourth of all all birth controls and abortion methods, other then condemns, happen to a woman's body so the only conversation that comes out of your reasoning is whether a man gets to decide whether he where a condemn which he already can.

1. I'm not counting them, it's weird you would ask me to do that. But to the implied suggestion that men are rarely if ever raped by women men are about as likely to report being made to nonconsensually penetrate a woman as women are to report being nonconsensually penetrated by a man.
2. Nifty, changes nothing.
3. That was literally one of my points.
4a. Nifty changes nothing.
4b. A man can't wear a condom without 1) his partner's permisson 2) committing rape.

I pointed out an imbalance exists, you're going into detail on why it exists. You're not actually rebutting me.
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