View Full Version : Is this right or wrong 2
Fat Red
16 Nov 2001, 13:34
Here's another fact scenario for you to get your teeth into:
Woman has sexual relations with 14-year-old boy. This is a crime in the jurisdiction and she does some jail time.
She has a child of which he is the biological father. He does not see the child.
When she gets out, she successfully sues him for maintenance for the child.
At 14 you're old enough to know what you are doing even if the consequences of your actions aren't always at the forefront of your thinking.
I'd say in this case that this is ok IF the father is allowed access to the child.
Fat Red
16 Nov 2001, 13:53
If that's the case Dave, why is it a crime?
IMHO, either he's old enough to have sex, and it shouldn't be a crime, or he's not, and it's her responsibility.
Originally posted by Fat Red
If that's the case Dave, why is it a crime?
Good question. Social taboo?
IMHO, either he's old enough to have sex, and it shouldn't be a crime, or he's not, and it's her responsibility.
Sounds reasonable. I didn't really think about the crime side of it.
Santos L Helper
16 Nov 2001, 14:41
Originally posted by Dave
At 14 you're old enough to know what you are doing even if the consequences of your actions aren't always at the forefront of your thinking.
I'd say in this case that this is ok IF the father is allowed access to the child.
Dave, why is it that the boy would be old enough to know what he's doing, but a girl has to be protected? I would think it should be the same both ways.......protect them both.
Originally posted by Santos L Helper
Dave, why is it that the boy would be old enough to know what he's doing, but a girl has to be protected?
Male Chauvanism ;) I'm a chop. CHauvanistoc Old Pri.....
I would think it should be the same both ways.......protect them both.
Fair nuf.
The point about him being underage (and the woman doing time for - I guess - statuatory rape) is that the boy is not deemed old enough to be reponsible for his actions.
Being sued, and assuming he has no capital of his own, can he declare himself bankrupt and not have to pay a cent?
Originally posted by CJH
The point about him being underage (and the woman doing time for - I guess - statuatory rape) is that the boy is not deemed old enough to be reponsible for his actions.
Yep, a point I initially ignored.
Being sued, and assuming he has no capital of his own, can he declare himself bankrupt and not have to pay a cent?
Can a juvenile declare bankruptcy? Or would hisparents be held responsible for his debts?
powerboi
16 Nov 2001, 17:18
There was a real life case of this on a current affairs show the other week. I think it was in England but don't quote me, it could be in Australia. 23yo woman seduced 15 yo boy, had a child and broke off contact. 9 years later, she comes back and sues him for maintenance. Looks like she will succeed too, as he is now 24 and working. He wants nothing to do with them, as he's been given -NO- contact with the child and feels no emotional bond (and it's quite possibly too late to build one).
Surely there's a statute of limitations on something like this?
The Hitman
16 Nov 2001, 17:34
The woman commited a crime, and the boy cannot be held responsible, she is.
She cannot win because she was responsible, so he is cleared of all liability - including child support.
The Hitman
P.S. A person under 16 cannot sue, be sued, or file for bankruptcy.
Originally posted by The Hitman
...
P.S. A person under 16 cannot sue, be sued, or file for bankruptcy.
But what in the example that powerboi highlights above? Can someone who is over 16, be sued for something they did as a juvenile? Surely not!
The Hitman
17 Nov 2001, 10:29
Originally posted by CJH
But what in the example that powerboi highlights above? Can someone who is over 16, be sued for something they did as a juvenile? Surely not!
One for the legal eagles...I dunno.
But in this case the kid isn't responsible because it was the woman who commited the crime.
The Hitman
Originally posted by CJH
Can someone who is over 16, be sued for something they did as a juvenile? Surely not!
You wouldn't think so
daicos4ever
27 Nov 2001, 22:05
On statutory rape... say a guy was going out with a girl when they are both 17 but the guy turns 18 6 months before she does, and the have sex before she turns eighteen. Is that statutory rape?
Fat Red
28 Nov 2001, 07:51
Not in Victoria, the age of consent is 16.
daicos4ever
28 Nov 2001, 11:20
Thanks Fat Red
Fat Red
28 Nov 2001, 12:24
In other words mate, go for your life;)
daicos4ever
29 Nov 2001, 07:41
Just wanted to know if I was beaking the law..........
TheMase
29 Nov 2001, 08:14
Originally posted by daicos4ever
Just wanted to know if I was beaking the law..........
You what?
The normal Collingwood supporter wouldn't care about this obsticle!
:D :D :D
Just kiddign mate ;)