# Sexual consent and Parental Responsibility

**URL:** <https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058>\
**Category:** Great Debates\
**Created:** [September 9, 2006, 12:33pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058 "2006-09-09T12:33:54Z")\
**Posts on this page:** 12\
**Page:** 1

<div class="post-metadata">

**Author:** ![The\_Flying\_Dutchman](https://avatars.discourse-cdn.com/v4/letter/t/9fc348/32.png) [@The\_Flying\_Dutchman](https://boards.straightdope.com/u/The_Flying_Dutchman)\
**Post date:** [September 9, 2006, 12:33pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/1 "2006-09-09T12:33:54Z")

</div>

As a minor, I would expect that a 15 year old boy is not able to legally consent to sex.

If a 15 year old boy becomes a father, is hee legally obligated to support an outcome for which he did not consent to ?

---

<div class="post-metadata">

**Author:** ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)\
**Post date:** [September 9, 2006, 6:28pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/2 "2006-09-09T18:28:57Z")

</div>

I was taught in a long-ago Business Law class that unlawful contracts are not enforceable. For example, a court won’t help you if your bookie won’t pay up (where bookies are illegal.) A 15-year old is too young to make a legal contract, so how can he be obligated to pay?

I’m not a lawyer. I’m not an oboe player, either.

---

<div class="post-metadata">

**Author:** ![dangermom](https://avatars.discourse-cdn.com/v4/letter/d/e274bd/32.png) [@dangermom](https://boards.straightdope.com/u/dangermom)\
**Post date:** [September 9, 2006, 8:12pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/3 "2006-09-09T20:12:39Z")

</div>

However, once a child is born, the question is of the baby’s rights to support, not the situation of the father–or at least so I thought.

---

<div class="post-metadata">

**Author:** ![Marienee](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@Marienee](https://boards.straightdope.com/u/Marienee)\
**Post date:** [September 9, 2006, 8:26pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/4 "2006-09-09T20:26:58Z")

</div>

[QUOTE=The Flying Dutchman]  
As a minor, I would expect that a 15 year old boy is not able to legally consent to sex.

If a 15 year old boy becomes a father, is hee legally obligated to support an outcome for which he did not consent to ?  
[/QUOTE]

Yes. There are many situations in which the father of a child (or sometimes the non-biological, legal father of a child) is required to pay support for a child he did not consent to creating.

Conversely, a mother is also legally obligated to support a child whether she consented to its conception or not.

---

<div class="post-metadata">

**Author:** ![The\_Flying\_Dutchman](https://avatars.discourse-cdn.com/v4/letter/t/9fc348/32.png) [@The\_Flying\_Dutchman](https://boards.straightdope.com/u/The_Flying_Dutchman)\
**Post date:** [September 9, 2006, 8:31pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/5 "2006-09-09T20:31:03Z")

</div>

[QUOTE=Marienee]  
Conversely, a mother is also legally obligated to support a child whether she consented to its conception or not.  
[/QUOTE]

A 15 year old mother has the option to avoid support.

---

<div class="post-metadata">

**Author:** ![mks57](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@mks57](https://boards.straightdope.com/u/mks57)\
**Post date:** [September 9, 2006, 8:41pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/6 "2006-09-09T20:41:04Z")

</div>

[QUOTE=The Flying Dutchman]  
As a minor, I would expect that a 15 year old boy is not able to legally consent to sex.

If a 15 year old boy becomes a father, is hee legally obligated to support an outcome for which he did not consent to ?  
[/QUOTE]

There have been a number of cases described in the press where minors who were victims of statutory rape were ordered to pay child support.

See [http://www.nas.com/c4m/rape\_case.html](http://www.nas.com/c4m/rape_case.html)

---

<div class="post-metadata">

**Author:** ![Marienee](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@Marienee](https://boards.straightdope.com/u/Marienee)\
**Post date:** [September 9, 2006, 8:53pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/7 "2006-09-09T20:53:03Z")

</div>

[QUOTE=The Flying Dutchman]  
A 15 year old mother has the option to avoid support.  
[/QUOTE]

She may or may not. In about half of the US, for instance, a 15 year old mother cannot seek an abortion (which is what I assume you are talking about) without her parent’s consent or that of a judge (which is in effect an emancipation as I understand it).

Nevertheless, with or without consent, if the child is born, she is its legal custodian whether she was competent to consent to its conception or not and also whether she is legally competent to sign contracts or not.

---

<div class="post-metadata">

**Author:** ![diggleblop](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@diggleblop](https://boards.straightdope.com/u/diggleblop)\
**Post date:** [September 9, 2006, 10:44pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/8 "2006-09-09T22:44:23Z")

</div>

Can the _parents_ of the 15 year old boy be forced to pay child support for the 15 yr old’s child if he’s in a state that doesn’t require him (the 15yr old) to pay it?

---

<div class="post-metadata">

**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\
**Post date:** [September 9, 2006, 11:31pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/9 "2006-09-09T23:31:39Z")

</div>

[QUOTE=mks57]  
There have been a number of cases described in the press where minors who were victims of statutory rape were ordered to pay child support.  
[/QUOTE]  
Now THAT’S MESSED UP!!!

45 year old man knocks up 14 year old girl; Throw him in jail!

45 year old woman gets knocked up by 14 year old boy; MAKE HIM PAY CHILD SUPPORT!

---

<div class="post-metadata">

**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\
**Post date:** [September 9, 2006, 11:57pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/10 "2006-09-09T23:57:02Z")

</div>

[QUOTE=Cyberhwk]  
45 year old woman gets knocked up by 14 year old boy; MAKE HIM PAY CHILD SUPPORT!  
[/QUOTE]  
:smack: Well, OK, biology being what it is…35 year old woman, but the point is the same.

---

<div class="post-metadata">

**Author:** ![tashabot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tashabot/32/6250_2.png) [@tashabot](https://boards.straightdope.com/u/tashabot)\
**Post date:** [September 10, 2006, 10:06pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/11 "2006-09-10T22:06:13Z")

</div>

[QUOTE=diggleblop]  
Can the _parents_ of the 15 year old boy be forced to pay child support for the 15 yr old’s child if he’s in a state that doesn’t require him (the 15yr old) to pay it?  
[/QUOTE]

Yes.

At least, it’s happened here in Nevada.

My cousin (16 years old) had sex with his 19-year-old girlfriend and got her knocked up. His mother has to pay child support until he either gets emancipated, or becomes 18.

He’s getting emancipated, at strong urging from everyone in the family, most notably myself and my boyfriend - we’d warned him before to use protection or else he’d have to deal with this, and now he has to. On the plus side we are offering our support - low-cost baby sitting and friendship should he and his girlfriend want to come hang out.

~Tasha

---

<div class="post-metadata">

**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\
**Post date:** [September 11, 2006, 6:51pm UTC](https://boards.straightdope.com/t/sexual-consent-and-parental-responsibility/372058/12 "2006-09-11T18:51:42Z")

</div>

[QUOTE=AskNott]  
I was taught in a long-ago Business Law class that unlawful contracts are not enforceable. For example, a court won’t help you if your bookie won’t pay up (where bookies are illegal.) A 15-year old is too young to make a legal contract, so how can he be obligated to pay?  
[/QUOTE]  
I’m also not a lawyer, but from reading the boards, I’ve learned that child support is not a contract in the way some people think it is. For one, you generally cannot contract away your liability to support a child. No matter what agreement you come to with the mother beforehand, the court will expect you to pay, because your obligation is to the child.
