Is this illeagal?
I just recently saw a question on here that was pretty disturbing. A girl asked if she poked a hole in a condom with out telling the male so she could get pregant if that was legal or not. Her reasoning behind it was to get the guy to love her and always be with her. I was just curious as to wether or not this was illeagal and wether or not the guy would be able to press charges or sue her? How hard would this be to prove in court? Would the guy end up getting screwed and have to pay child support?
Answers:
It should be illegal, but it’s not. And, yes, he’ll have to pay child support.
Take a look at this case:
http://en.wikipedia.org/wiki/state_of_lo...
Mom worked at a hospital, Dad was there visiting a relative. She offered to perform oral s*x and he accepted her offer. She had him wear a condom and then removed the condom and (unknown to Dad, of course) inseminated herself with his sperm using a syringe. The court ordered him to pay child support.
Basically all states hold the same standard--if you’re the biological father you will pay child support, even if you were ‘tricked’ into it.
Of course, this girl is sadly mistaken if she thinks that a guy will stay with her/love her because she tricks him into fathering a child. She needs some serious professional help.
Well she would be getting a pecuniary advantage by deception but proving it might be a bit difficult!
Legal?... I'm Not Sure
Frickin' Crazy?. You betcha!!
It should be illegal to be that stupid but it is not. It should also be illegal to deliberately poke a hole in a condom, like paternal entrapment, however it is not.
Women who think that a baby is going to make hm love you forever are among the dumbest breed there is.
Well it sure isn't ethical. I doubt you'd be able to prove it in court.
On the other hand, if people are mature enough to have sex they are mature enough to deal with the consequences of it.
The joke is on her because even if she does manage to "trap" this guy, he's not going to truly love her. Plus their whole relationship will be based on a lie. She's opening a big can of worms.
As far as I know it is not illegal. Stupid, but not illegal. Just like it isn't illegal for a man to tell a woman that he loves her, just so that he can screw her.
It would be impossible to prove in court. Sometimes condoms deteriorate on their own, break, etc.
And yes, he could be made to pay child support. It IS his child after all, and despite the actions of the mother, the kid hasn't done anything wrong and needs to be cared for.
While it may be legal it certainly isn't ethical. If it's illegal would depend on the state this dizzy beeotch lives. As for proving it, that would be almost impossible to prove that she intentionally poked a hole in the condom.
Would the guy get screwed with child support. Absolutely. Again proving she did it intentionally would be difficult, and more often than not the court would unfairly assume that the guy got her pregnant and doesn't want the baby.
His only option would be to give up his parental rights, which would also be a lengthy process. However, in the unlikely event he were able to prove anything, he would have to sue her in civil court to recoup any losses on his part, but there is nothing criminal about the issue.
As others have mentioned - you'd have to be able to prove it beyond a reasonable doubt. I dont believe there are any laws that cover parental entrapment and its a shame there oughta be. Its a life long financial and emotional commitment.
I know too many stories of women who lie and say 'i'm on the pill or I cant have kids' but amazingly in under a year they are preggos.. Its a disgrace. Sadly even though they lied, the guy is still liable.
Someone needs to invent birthcontrol for males (as a woman with a son I'll be the first to buy it!)
the only real protection? Dont do it with anyone you wouldn't want to have kids with. Sorry, but its the sad truth. No body rides for free.
what a sad girl
I think you could make a reasonable case for extortion if she requests child support or any pecuniary compensation. Don't think there's a law preventing her from impregnating herself thusly, she could have retreived a used condom and impregnated herself that way too. This is nothing short of rape, a complete violation of a man's right to exercise control over becoming father. There SHOULD be a law and he should have that right.
Elysialaw... risks are something you have no control over and you implicity understand prior to the sex act, sabotage is not a risk, it's a deliberate act for a deliberate purpose.
Don't beleive it is illegal, but seems unetthical. Of course having sex outside of marriage is not very ethical or responsible. As far as the guy is concerned he is not acting very responsibly either. Contrary to the liberal community I feel that from a legal standpoint marriage is a civil license granted to a man and a woman to produce legal offspring in a family setting that assures the children will be taken care of. Any child resulting from the above mentioned ethical basis probably has two strikes against it anyhow.
Almost certainly not.
If the man fathers a child, he will have to pay for it. Period.
Assuming the deed (and the intent of the woman) is proven, there may conceivably be some cause of action against her - theft (of support funds) by fraud) - but I think it's highly, highly unlikely. And again, this will not absolve him of the obligation for child support.
A much easier example would be a woman who falsely claims that she's on the pill.
I think that if a man has sex with a woman, the law considers him responsible without exception. The law is concerned about the child, not the man.
This is how it is, not necessarily how it should be.
It's sad is what it is.
The jury is still out on this one. I have heard of this before, but the law is slanted toward the child and intentionally so. The best thing for the child is to be provided for, so he's probably on the hook.
He may have a case for fraud against her if he could prove she did it, and it was intentional. But I doubt he'd get 18 years of child support out of it.
Condoms break, condoms don't work, women forget to take the pill. These are the risks you take when you have protected or unprotected sex.
If she went for support payments later I don't think it could be considered fraudulent (if proven and that is a BIG if) since the support payments really would be for a child he fathered. Plus by her own admission it was not for money it was for love.
Is it right? No
Is it illegal? No
She needs therapy or a bf that loves her.
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