Tuesday, October 14, 2014

Crying rape to win child custody

There are feminists who claim that family court are so pro-male that abuser usually win child custody. Their real complaint is that a mom's phony allegation does not always win. Here is a recent New York case, where the mom was not believed:
[Mother] testified that [Father] threatened to advise Ms. J that he could possibly be the father of the child and not the donor that she and [Mother] chose. [Mother] testified that Ms. J first found out about [Father] when [Mother] received the Petition for Paternity and their relationship ended after the DNA results.

[Mother] testified that during the paternity proceedings she testified that there was another man, B. B., hereinafter “Mr. B,” who could be the father of the child. She testified that she and Ms. J chose Mr. B as their donor, and that Mr. B signed a contract. [Mother] testified that in the contract with Mr. B, he agreed to relinquish all rights to the child and to donate his sperm.

[Mother] testified that after the results of the DNA test, she tried to deny [Father]‘s paternity and informed the Court that [Father] raped her. [Mother] testified that she never filed a criminal complaint against [Father] in relation to the alleged rape.

[Mother] also testified, at the May 17, 2013 paternity hearing that she did not want to ruin [Father]‘s life, however she did not think it was fair that he be a part of the child’s life when she planned to have this child with her partner, Ms. J. [Mother] testified there was not supposed to be a father in the child’s life, and [Father] was not supposed to be the child’s father.

Subsequently, at the June 24, 2014 hearing, [Mother] testified that she did not want someone who raped her, specifically the [Father], to be a part of the child’s life. During the May 17, 2013 hearing, [Mother] also testified, and affirmed during her testimony on June 24, 2014 that [Father] is a “good guy” and a mentor to her. [Mother] testified she lived with Ms. J in a one bedroom apartment, in Staten Island, while they dated. ...

The Court did not find [Mother]‘s testimony credible. [Mother]‘s demeanor was inconsistent with the seriousness of what she was alleging and testifying to in Court. In speaking of the alleged rape, and the child’s visitation with the [Father], she often smiled and laughed; showing a lack of seriousness for the situation at hand.

[Mother] also made many contradicting statements regarding the [Father] and the importance of the relationship between the [Father] and child. The Court finds [Mother]‘s testimony incredulous. ...

The Court finds that the child enjoys a loving relationship with both her parents and ought to continue to have frequent contact with both parents.

Wherefore, based upon the foregoing, this Court finds that given the factors enumerated above, the child’s best interests warrant that sole legal and physical custody of the subject child, C.J., be granted to [Father], P.P., with parenting time granted to [Mother], C.G., in accordance to this Court’s Final Order of Custody and Visitation that follows.
I expect feminists to cite this case to say that rapists win custody of the result of the rape. They are expanding the definition of rape:
With an effort also underway by the American Law Institute to reconsider when an assault becomes rape, some legal experts predict that changes to criminal laws in many states may not be far off.

As a social issue, sexual assault has seen a significant uptick in attention over the past year or so. There have been a flurry of federal actions, for example, aimed at countering rape in the military, prisons, immigration detention centers and on campuses.

But there is still little uniformity on how to define rape, which makes counting rapes, and countering and even discussing the issue, difficult. In many contexts, such as the major federal law on prison rape, “sexual assault” is used instead of “rape” because it covers nonconsensual acts like kissing and groping that fall short of many people’s definition of actual rape. Until 2012, the Federal Bureau of Investigation still considered rape a crime committed solely against women, a definition that has since been expanded.

Over all, states have broadened the definition of rape and assault more than the federal government, according to a survey of the legal system conducted by AEquitas, a nonprofit group that provides prosecutors with resources on violence against women.
Even the French have protestors against a statue of an American sailor kissing a girl:
French feminists are demanding that a giant statue of a sailor kissing a nurse – based on an iconic photo of a kiss in Times Square at the end of World War II – be removed from a war memorial site in Normandy because it allegedly depicts a sexual assault.

The 25 foot, 13 tonne sculpture, titled 'Unconditional Surrender', is based on a picture by Alfred Eisenstaedt that shows a sailor on VJ-day in 1945 kissing a woman with one arm around her waist and another behind her neck.
Someday a lecherous glance is going to be considered rape.

There are women who argue that a woman's accusations should always be believed. Here is another that it hard to take, from celebrity Amanda Bynes:
Los Angeles (CNN) -- Amanda Bynes' claim that a microchip implanted in her brain made her tweet bad things about her father could be key evidence in keeping the actress in a mental facility, according to experts.

Bynes, 28, was admitted to a Pasadena, California, facility on an involuntary emergency psychiatric hold Friday, but a probable cause hearing must be held this week if her doctors want to keep her there.

Her admission to Las Encinas Hospital came hours after Bynes posted a series of tweets alleging her father verbally, physically and sexually abused her. However, she disavowed responsibility for the accusations in a tweet a short time later: "My dad never did any of those things The microchip in my brain made me say those things but he's the one that ordered them to microchip me."
She needs a microchip in her brain. Too bad the technology is not available yet.

1 comment:

paulmurray said...

"Someday a lecherous glance is going to be considered rape."

Google "stare rape".