State ex rel. Hermesmann v. Seyer
Supreme Court of Kansas
847 P.2d 1273 (Kan. 1993)
Relevant factsFree
Hermesmann, then 17, and Seyer (defendant), then 13, conceived a child together, and Hermesmann was charged with (and pleaded to a lesser offense related to) statutory rape; the state child-services agency (plaintiff) sought a paternity and child-support order against Seyer, who did not dispute biological paternity but argued he could not be held liable for support since he legally could not consent to the underlying sexual activity, and the trial court ordered him to pay $50 monthly support.
IssueFree
Whether the issue of consent to sexual activity under criminal statutes is relevant in a civil action to determine paternity and support of the resulting minor child.