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J E B Stuart
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Registered: Jul 2000
Location: Beyond Mason-Dixon Line
Posts: 16339

Strict Sperm Liability

". . . Where will the strict liability theory of sperm lead? Consider the following fact situation that is currently before the trial court in Kansas: Two couples go to the local lover's lane in one car, one couple in the front seat, and one couple in the back seat. They discover that among them all, they have only one condom. The couple in the back seat engage in intercourse using the condom, and then give the condom to the couple in the front seat. The gentleman in the front seat, not wanting to spread disease, turns the condom inside out. The couple in the front seat then engage in intercourse. One month later, the lady in the front seat discovers she is pregnant. After the birth of the child, DNA tests reveal that the father is the gentleman from the back seat. Clearly, the gentleman in the front seat engaged in an intimate sexual act with the mother of the child. Yet, it is the sperm from the gentleman in the back seat who impregnated the mother. Who is on the hook for child support? Should the court impose a "joint enterprise" theory of liability? Or is the gentleman in the back seat "strictly liable" because it was his sperm? . . . ."

From here

Amen.

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Old Post 11-15-2002 10:52 PM
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SocialParasite
100% pure failtanium.

Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18816

hahahaha

Crazy kids.

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Old Post 11-15-2002 11:02 PM
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wonderaz
Sarky Bastard

Registered: Jul 2000
Location: Sedona, Arizona
Posts: 19119

Jebus fucking christo... Now that is just nasty.

If this was in front of Judge Wonder, the child would be taken from the mother as soon as it was born and given to some couple that wants a baby and all FOUR of these sick fucks would pay $300.00 a month EACH in child support to the new parents until the child was 18.
In addition, all four would report to the local police station once a week for the rest of their lives to receive a hearty bitchslap or two.
It would also be so ordered that all four be rendered incapable of ever producing offspring again.
Seriously, that is just nasty.
These were humans?? Same species as me??

I am so ashamed... I am.

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Old Post 11-15-2002 11:06 PM
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J E B Stuart
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Registered: Jul 2000
Location: Beyond Mason-Dixon Line
Posts: 16339

quote:
Originally posted by SocialParasite
hahahaha

Crazy kids.


Yeah. Another one, from the same article, supra:

" . . . In State of Louisiana v. Frisard, 694 So. 2d 1032 (La. Ct. App. 1997), the mother and father of the child for whom support was sought met in a hospital while the father was visiting an ill relative. The mother was a nurse's aid who has access to a variety of medical equipment. The mother offered to perform oral sex on the father, and, in the words of the father, "as ... any male would, I did not refuse[.]" 694 So. 2d at 1035. The mother had the father wear a condom. The mother then removed the condom for the father, and unknown to the father, she inseminated herself with the father's sperm using a syringe.

The Louisiana court, noting that the probability of paternity was 99.9994%, held the father's testimony that he "had some sort of sexual contact with the plaintiff around the time frame of alleged conception, although he denied that they had sexual intercourse" was sufficient to prove paternity. 694 So. 2d at 1036. This fact of paternity obliges a father to support his child. 694 So. 2d at 1034. In essence, because the father intentionally engaged in a sexual act resulting in his deposit of sperm with the mother, he is liable for child support. . . ."

Amen.

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Old Post 11-15-2002 11:09 PM
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SocialParasite
100% pure failtanium.

Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18816

Hold up a minute. The woman inseminated herself with sperm she collected from him through oral sex? Man, if I were the judge overseeing that case I'd have thrown it out as it wasn't a willing conception on the part of both parties. I mean, he blew his wad in a condom in her mouth, and she grabs a turkey baster and crams it up her poonaho?

Hardly a fair ruling.

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Old Post 11-15-2002 11:16 PM
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J E B Stuart
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quote:
Originally posted by SocialParasite
. . . Hardly a fair ruling.

Fair or not, just tryin' t'warn all y'all peckersnot slingers t'be damn careful.

Amen.

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Old Post 11-15-2002 11:19 PM
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Paint CHiPs
Viva Le Me

Registered: Jul 2000
Location: Location Location
Posts: 26420

Guh. The amount that they screw men over in paternity cases is just staggering sometimes (regarding the second case).

Let me know how that Kansas case turns out.

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Old Post 11-15-2002 11:45 PM
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J E B Stuart
Administrator

Registered: Jul 2000
Location: Beyond Mason-Dixon Line
Posts: 16339

quote:
Originally posted by Paint CHiPs
. . . Let me know how that Kansas case turns out.

I'd like to know, too, Paint. The article I cited was written in 1999 and it mentioned that the case was at the trial court level. I'm unable to tell from the article whether: 1) The trial has since concluded (surely it has); 2) whether an appeal was lodged after conclusion of the trial; and 3) if an appeal was lodged, whether the appeals process has been concluded.

Gonna hafta do sum googlin'.

Amen.

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Old Post 11-16-2002 12:55 AM
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Dannyuk1982
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Registered: Nov 2002
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surely she should be prosecuted for taking his sperm to inseminate herself without his consent...

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Old Post 11-16-2002 01:16 AM
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Peter_Torque
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Registered: May 2002
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Posts: 4175

Always remember, kids. If you're going to use someone else's condom, turn it inside-out and shake the fuck out of it first.

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Old Post 11-16-2002 02:02 AM
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Straightman
***** Capo de tuti Capo

Registered: Oct 2000
Location: Knoxville, Tennessee
Posts: 359

quote:
Originally posted by J E B Stuart

Fair or not, just tryin' t'warn all y'all peckersnot slingers t'be damn careful.

Amen.



Which is why we, as men, must INSIST that you ladies swallow. It's really for the best.

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Old Post 11-16-2002 03:28 AM
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Paint CHiPs
Viva Le Me

Registered: Jul 2000
Location: Location Location
Posts: 26420

quote:
Originally posted by Straightman


Which is why we, as men, must INSIST that you ladies swallow. It's really for the best.



Hiya Straightman. Long time.

Man, lots of people back these days. For some reason I get the impression that Straightman, Cage, and PT would really get along.

Also, that I don't want to be there when they do.

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Old Post 11-16-2002 04:30 AM
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Straightman
***** Capo de tuti Capo

Registered: Oct 2000
Location: Knoxville, Tennessee
Posts: 359

Hey Paint!
Yeah man, it's been a while. But I'm back for a bit hopefully. Speaking of Cage, I read one of his replies to a new guy.
He reminds me a lot of...
me.
Frightening...

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Old Post 11-16-2002 04:43 AM
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