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98 Dick. L. Rev. 549 (1993-1994)
Family Law - Holding a Male Statutory Rape Victim Liable for Child Support - State ex rel. Hermesmann v. Seyer

handle is hein.journals/dlr98 and id is 559 raw text is: I NOTE I FAMILY LAW - Holding a Male Statutory Rape Victim Liable for Child Support. State ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993). In State ex rel. Hermesmann v. Seyer,' the Kansas Supreme Court upheld the decision of the trial court by ruling that an adolescent father should be held jointly and severally liable for child support, although he was the victim of the statutory offense of indecent liberties with a child.2 In determining the father's child support obligation, the court held that once the issue of paternity was decided, a father had a clear duty to support his child.3 The court reasoned that neither the mother's criminal acts nor the father's youth should absolve the father from his financial obligation to his offspring.4 It is a precept of modem family law in the United States that fathers have a duty to provide for their minor children.5 Just as biology dictates that a male is physiologically necessary for procreation, courts have held that paternal participation in supporting the child is an obligation which arises from natural law.6 In recent years, courts have not hesitated to extend the obligation of child support to adolescent I. 847 P.2d 1273 (Kan. 1993). 2. Id. The crime of indecent liberties with a child encompasses the offense formerly known in Kansas as statutory rape. Id. at 1276. The author frequently uses the term statutory rape in this Note, as it is a more familiar term than indecent liberties. The relevant part of the statute states: (1) Indecent liberties with a child is engaging in any of the following acts with a child who is under 16 years of age: (a) sexual intercourse. KAN. STAT. ANN. § 21-3502 (II.A Supp. 1991). 3. State ex rel. Hermesmann, 847 P.2d at 1277-78. 4. Id. at 1279. 5. Keller v. Guernsey, 608 P.2d 896 (Kan. 1980). It is stated that [tihe duty of a parent to provide for minor children is now one universally recognized. Id. at 901. 6. Id. at 901 (citing 1 WILLAM BLACKSTONE, COMMENTARIES 447).

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