# Should a rapist be able to sue for paternal rights?

**URL:** <https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415>\
**Category:** In My Humble Opinion\
**Created:** [August 23, 2012, 8:51pm UTC](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415 "2012-08-23T20:51:59Z")\
**Posts on this page:** 6\
**Page:** 4

<div class="post-metadata">

**Author:** ![Farmer\_Jane](https://avatars.discourse-cdn.com/v4/letter/f/bbe5ce/32.png) [@Farmer\_Jane](https://boards.straightdope.com/u/Farmer_Jane)\
**Post date:** [August 26, 2012, 1:32am UTC](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415/61 "2012-08-26T01:32:10Z")

</div>

> [@Der\_Trihs](#):
>
> It happens with statuary rape. In those cases, the statutory rapist mother can and often does get both custody of the child, and child support payments from her victim.

Do you have a cite for “can and often does”?

---

<div class="post-metadata">

**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [August 26, 2012, 2:15am UTC](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415/62 "2012-08-26T02:15:48Z")

</div>

> [@Der\_Trihs](#):
>
> It happens with statuary rape. In those cases, the statutory rapist mother can and often does get both custody of the child, and child support payments from her victim.

I wouldn’t put statutory rape in the same catagory, considering it’s often voluntary. (If we’re talking simply age differences)

---

<div class="post-metadata">

**Author:** ![the\_apples\_fell](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@the\_apples\_fell](https://boards.straightdope.com/u/the_apples_fell)\
**Post date:** [August 26, 2012, 7:02am UTC](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415/63 "2012-08-26T07:02:44Z")

</div>

Of course not. Rape victims as it is are not given the help and support they need, who the hell would think it’s fair to make them see their rapist for another 18 years until the kid is grown up?

Anyone who would rape is not even worthy of being called a person anymore let alone seeing their child.

---

<div class="post-metadata">

**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\
**Post date:** [August 26, 2012, 4:37pm UTC](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415/64 "2012-08-26T16:37:06Z")

</div>

> [@Rigamarole](#):
>
> I’m sure this happens _all_ the time. :rolleyes:

One actual famous case was the Mary Kay LeTourneau case. She became sexually involved with her 13 year old student, and gave birth to two children by him.

I think a case could be made that his rights as the father should supercede her rights as the mother. Of course, it would have to be his family who sued, because I don’t think any judge would award custody of a child to a 14 year old boy.

---

<div class="post-metadata">

**Author:** ![Simple\_Linctus](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Simple\_Linctus](https://boards.straightdope.com/u/Simple_Linctus)\
**Post date:** [August 26, 2012, 4:57pm UTC](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415/65 "2012-08-26T16:57:48Z")

</div>

They’re now a married couple as I understand it. What did the statutory rape laws acheieve? Nothing it seems, apart from a gross interferance in private life.

---

<div class="post-metadata">

**Author:** ![Farmer\_Jane](https://avatars.discourse-cdn.com/v4/letter/f/bbe5ce/32.png) [@Farmer\_Jane](https://boards.straightdope.com/u/Farmer_Jane)\
**Post date:** [August 26, 2012, 5:16pm UTC](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415/66 "2012-08-26T17:16:16Z")

</div>

MKL’s teenage lover took the two children. They later married.

[Previous page](https://boards.straightdope.com/t/should-a-rapist-be-able-to-sue-for-paternal-rights/632415.md?page=3)
