Hermesmann v. Seyer
Encyclopedia
Hermesmann v. Seyer was a precedent-setting Kansas
, United States
case in which Colleen Hermesmann successfully argued that a woman is entitled to sue the father of her child for child support
even if conception occurred as a result of a criminal act, like statutory rape
, committed by the woman. Hermesmann was not convicted of statutory rape, but did stipulate to contributing to the misconduct of a child. The court ruled that the state's interest in ensuring that a minor receives child support outweighed its interest in potentially deterring crimes against minors.
was of no relevance in determining the father's child support liability under the civil
statutes.
Hermesmann was not charged with statutory rape, but did stipulate as a juvenile offender
to the lesser offense of contributing to the misconduct of a child. Hermesmann's criminal culpability was not addressed in this trial, as this was purely a civil court case. The civil court nevertheless established a strong precedent suggesting that statutory rape, by the mother, would not excuse the father from paying child support.
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
case in which Colleen Hermesmann successfully argued that a woman is entitled to sue the father of her child for child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
even if conception occurred as a result of a criminal act, like statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
, committed by the woman. Hermesmann was not convicted of statutory rape, but did stipulate to contributing to the misconduct of a child. The court ruled that the state's interest in ensuring that a minor receives child support outweighed its interest in potentially deterring crimes against minors.
Background
Hermesmann was a routine child care provider for Shane Seyer as a babysitter during 1987 and 1988. Hermesmann, then 16, began a sexual relationship with Seyer when he was 12 years old. Subsequently, Hermesmann gave birth to a daughter on May 30, 1989. Hermesmann took the father to court for child support on March 8, 1991 and won. The court ruled that a mother's potential culpability under the criminal statutesCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
was of no relevance in determining the father's child support liability under the civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
statutes.
Hermesmann was not charged with statutory rape, but did stipulate as a juvenile offender
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
to the lesser offense of contributing to the misconduct of a child. Hermesmann's criminal culpability was not addressed in this trial, as this was purely a civil court case. The civil court nevertheless established a strong precedent suggesting that statutory rape, by the mother, would not excuse the father from paying child support.