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  1. #1
    Join Date
    Jan 2006
    Location
    Vermont
    Posts
    6,103

    VT - Rapist seeks custody of baby after assault

    Why would this predator even think that he has a chance at parenting?



    April 9, 2006
    By PETER HIRSCHFELD Staff Writer

    MONTPELIER A child custody battle between a teenage girl and the man who sexually assaulted her could establish a precedent for how Vermont courts resolve parental disputes over children conceived as the result of sexual crimes.

    The case centers on a baby boy born to a then-16-year-old woman in November 2004. Two months after the birth, the 37-year-old biological father pleaded guilty to sexual assault on a minor. Robert LeClair's victim was 15 at the time of conception, under the age of consent in Vermont. He did not serve jail time.


    Family Court judge Harold Eaton rejected LeClair's argument in his six-page opinion on the plaintiff's request for custody.

    "It is one thing to confer the duties and obligations of parenthood upon persons who knowingly engage in the risk of fatherhood with adult women who consent to such activity," Eaton wrote. "It is quite another to bestow them upon persons who violate a woman's right to the sanctity of her own body or those who sexually prey upon children lacking the legal, emotional and developmental maturity to consent to sexual activity."

    Whether the mother wanted to become pregnant, as LeClair claims, is irrelevant, according to Eaton.


    "Our society criminalizes statutory rape for good reason," Eaton wrote. "This court does not endorse the establishment of paternal benefits as a result of conception resulting from a criminal sexual assault, at least where the mother opposes it."










    The rest of the disgusting story in our news

  2. #2
    Join Date
    Nov 2004
    Location
    Canada
    Posts
    2,682
    Maybe the Governor in SD can "learn" from the decision in this case.

    After all if the law is upheld in SD, a women will be "forced" to give birth to her rapist child if a child is conceived as a product of the rape. I did not see any age restriction in the law in SD.

    This was a result of a statutory rape, not a "rape by force" and the SD law makes not distinction regarding rape.

    It is not in (the victim's) best interest to have the Appellant in her life, much less, have him in her baby's life," Blair says.

    That is a "no brainer" except when it comes to SD..........where children are going to be born as a result of rape and incest. Who knows what the courts and government will decide. Probably that the Father deserves "parental" rights even though the mother did not consent to sex.

    Now that is even more disgusting..............being forced to give birth to your rapist baby.........and then the "rapist" pulling this stunt on the "unwilling" and involuntary mother.

  3. #3
    Join Date
    Jan 2006
    Location
    Vermont
    Posts
    6,103
    Hello CyberLaw,

    Thank-you for the post.

  4. #4
    Join Date
    Jan 2006
    Location
    Arkansas
    Posts
    731
    I think it's an insult that he's given a "right" to even file papers. That's one of the problems with our government...that the issue is even considered. If the child grows up and wants to contact the "other" parent, then the offspring should certainly be given the right to do so.

    Imagine this: He's granted full parental rights and weekly visits. The child approaches him and asks: Dad, how come you and Mommy don't live together?

    He replies: Well, you see, son, I raped your mom when she was about your age. Now she doesn't want to speak to me. It's all her fault.

  5. #5
    Join Date
    Jul 2005
    Posts
    2,173
    Quote Originally Posted by CyberLaw
    Maybe the Governor in SD can "learn" from the decision in this case.

    After all if the law is upheld in SD, a women will be "forced" to give birth to her rapist child if a child is conceived as a product of the rape. I did not see any age restriction in the law in SD.

    This was a result of a statutory rape, not a "rape by force" and the SD law makes not distinction regarding rape.

    It is not in (the victim's) best interest to have the Appellant in her life, much less, have him in her baby's life," Blair says.

    That is a "no brainer" except when it comes to SD..........where children are going to be born as a result of rape and incest. Who knows what the courts and government will decide. Probably that the Father deserves "parental" rights even though the mother did not consent to sex.

    Now that is even more disgusting..............being forced to give birth to your rapist baby.........and then the "rapist" pulling this stunt on the "unwilling" and involuntary mother.
    If the South Dakota tribes are smart, they'll open abortion clinics on the reservations. After all, they are sovereign nations and allowed to have their own laws, law enforcement, and penal system, according to the avrious treaties signed back in the 1800s, hence the casinos.

  6. #6
    Join Date
    Jun 2004
    Location
    SF Bay Area, CA
    Posts
    24,160

    Thumbs up

    Quote Originally Posted by BillyGoatGruff
    If the South Dakota tribes are smart, they'll open abortion clinics on the reservations. After all, they are sovereign nations and allowed to have their own laws, law enforcement, and penal system, according to the avrious treaties signed back in the 1800s, hence the casinos.
    There was already a proposal to establish at least one... The head is an Indian woman who is an RN! More power to her!!!
    This is the year to locate Mark Dribin http://www.websleuths.com/forums/sho...ht=Mark+Dribin NamUs MP#876 and Ilene Misheloff http://www.websleuths.com/forums/sho...lene+Misheloff NamUs MP#6410 and bring them home to their families!

    Parents watch your children. Free-range parenting leads to more child victims.

    Cruelty to humans begins with cruelty to animals.

    I believe in closure, not forgiveness. I'm also unapologetically judgemental.

    JeSuisJuif
    JeSuisCharlie




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