another hypothetical sceanrio

braveheart

braveheart

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your husband/boyfriend is sexually assaulted by a woman. she gets arrested for this, and soon becomes pregnant

does the man have any say or rights as to getting an abortion ?
 
Legally probably not. Accidents happen though...
 
You need to lay off watching the Jerry Springer show for awhile, dude.
 
different scenario in that one.. they werent married, and the man wanted to prevent an abortion.

also, in this sceanrio. the pregancy is a result of a crime. I dont think that case can be used anywhere in this scenario
 
braveheart said:
different scenario in that one.. they werent married, and the man wanted to prevent an abortion.

also, in this sceanrio. the pregancy is a result of a crime. I dont think that case can be used anywhere in this scenario
Click to expand...


You could be right.

However, the ratio that applies to your hypothetical is this: canadian law does not currently recognize a father's wishes in terms of what happens to a fetus--whether he wants to prevent or force a woman to get an abortion. Yes, in Daigle v. Tremblay the case dealt with preventing an abortion (and your hypothetical deals with getting an abortion). But that difference (preventing versus forcing an abortion) doesn't help the father's case.

The fact that the pregnancy was due to a crime is a moot point, b/c the father doesn't have any rights (over what happens to the fetus) to begin with.

If I am wrong, and for some reason a court grants a father the right to force a woman to get an abortion (b/c of the fact that it was due to a crime), the woman would likely appeal it based on her Charter rights (ss. 2 & 7) being infringed. And, in my opinion, a higher court wouldn't be caught dead allowing a man to infringe upon a woman's "right to choose", and, thus, the Charter violation cannot be saved by s. 1.

Ok, so I've done your homework for you. That will be $100. :D
 
Princess's Man said:
You could be right.

However, the ratio that applies to your hypothetical is this: canadian law does not currently recognize a father's wishes in terms of what happens to a fetus--whether he wants to prevent or force a woman to get an abortion. Yes, in Daigle v. Tremblay the case dealt with preventing an abortion (and your hypothetical deals with getting an abortion). But that difference (preventing versus forcing an abortion) doesn't help the father's case.

The fact that the pregnancy was due to a crime is a moot point, b/c the father doesn't have any rights (over what happens to the fetus) to begin with.

If I am wrong, and for some reason a court grants a father the right to force a woman to get an abortion (b/c of the fact that it was due to a crime), the woman would likely appeal it based on her Charter rights (ss. 2 & 7) being infringed. And, in my opinion, a higher court wouldn't be caught dead allowing a man to infringe upon a woman's "right to choose", and, thus, the Charter violation cannot be saved by s. 1.

Ok, so I've done your homework for you. That will be $100. :D
Click to expand...


the woman raped a man, and stole his sperm to impregmate herself. i would think he'd be able to legally force an abortion.

if you're saying thats not the case, would he then be responsible for child support payments ?
 
braveheart said:
the woman raped a man, and stole his sperm to impregmate herself. i would think he'd be able to legally force an abortion.

if you're saying thats not the case, would he then be responsible for child support payments ?
Click to expand...

He can't force an abortion. If the sex occurred as a result of sexual assault, the sex was not consensual and as such the non-consenting victim would not be responsible for the outcome (the child) or the parental support costs for that child.
 
braveheart said:
the woman raped a man, and stole his sperm to impregmate herself. i would think he'd be able to legally force an abortion.

if you're saying thats not the case, would he then be responsible for child support payments ?
Click to expand...


braveheart, why the interest, if i may ask?

If this is something that has happened to a "friend", then I think the first step is to file a report with the police for sexual assault.

The next step may be to seek a civil lawyer that specializes in torts or a family lawyer. Depending on the mother's age or state of mind, a person may argue that she does not have the mental capacity to decide whether or not to abort the fetus (and it should be the father's). I'm not sure how strong an argument this is, to be honest, as a father does not have a right to decide whether or not a mother should get an abortion--even if he was sexually assaulted. But, going the legal route is going to be a major uphill battle and costly (6 figures easily). If the father really wants to take this to trial, it's better to get some corporate backing (maybe there's an organization in Canada that fights for father's rights, and they could help with the cost). Or, find a law professor that specializes in these matters. Or, the father could take this to Parliament and have the laws changed to favour his case.

In terms of child support payments, I'm not sure.

Another alternative, and much less costly and time consuming, is for the father to sit down with the mother and persuade her to have an abortion. That's probably the easiest solution.
 
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