Rape allegation clouds child support case

Submitted by Matt on Tue, 2011-08-09 23:42

Article here.

'NEW PORT RICHEY - They say boys will be boys, but Kris Bucher says not always.

"A guy not wanting to have sex with somebody -- that seems impossible. But I expect it," said Bucher.

Kris claims he was raped by his old girlfriend Jessica Fuller. She got pregnant and had their son Joshua. Kris was never a part of his son's life.

In fact, Jessica never asked Kris for help in raising their son, but after moving to Michigan the young mom fell on hard times and got government assistance. Now the state of Michigan wants Kris to start paying child support.

"I'm a victim of a crime. Why should I have to pay the perpetrator?" Kucher said.

Kris and Jessica met at Hudson High School. Kris says the two had a tumultuous relationship from the start. Jessica suffered a miscarriage at one point, and so they decided to avoid sex altogether.

But Kris says one night in the back seat of a friend's car, it happened.

"She climbed into my lap, and I said what are you doing? She said 'you know you want me.' I said 'no, I don't '," Kucher said.

Kris says after the alleged assault, he slipped into a deep depression, and the skinny teen ballooned to 235 pounds.

He says weeks after the incident he spoke to a deputy, but he appeared to doubt Kris' story and never followed up.

Kerry O'Conner is Kris' attorney. She says there are laws dealing with child support if a man rapes a woman, but not the other way around. Recently, Kris' request to dismiss the child support case was denied.

"They never decided whether his lack of consent could be a defense to a paternity action, " O'Conner said.

So Kris will take his fight to an appeals court, not just on merit, but on principal.

"I'm sure there's other men like me, boys that were that age that have gone through this, and it kind of gives them some courage to step out of the shadows," Bucher said.'

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While I am sympathetic to his overall situation and believe that without the same right that women have to terminate parental obligations (via abortion or legalized abandonment of children at designated "drop-off zones" like hospitals, etc.), men are being systematically discriminated against, I also am wondering what is the basis for his rape claim? Did she use force on him, ie, put a knife to his throat, etc.? Feminists have trivialized the matter of rape while at the same time managing to blow it into a larger-than-life-sized boogeyman by redefining (or attempting to) the word to mean almost anything wherein a woman feels like she wasn't 100% into the whole act of sex (ie, no need for use of force, just plain not being 100% into it, that's all, with virtually any time after the act being a good time to decide that that was so). I wouldn't support the same standard going the other way. So what force was used here? Unless I have that information I reserve judgment on the rape claim, but as for her trying to get paternity support from him, well, you can guess I think that that is 110% wrong.

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Submitted by Matt on Tue, 2011-08-09 23:48

Interesting case.

However it does remind me of how easily we use the term "rape".

Is rape when after you fight with all your might and penetration still occurs or is it when you don't really want sex, says no a few times and then have regrets later?

This was a boyfriend and girlfriend who had an ongoing sexual relationship and one unexpected pregnancy already (ended in miscarriage).

The boy says after the miscarriage they agreed to refrain from sex (at least sexual intercourse) but when they were fooling around in the backseat of a car, she forced penetration and became pregnant again.

I have doubts about this being a true rape. I think it is more about father's rights, fair custody and fair child support.

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Submitted by Kris on Wed, 2011-08-10 00:42

This case is even more interesting. Here are some more facts according to another article that quotes both of them and his parents. They all seem to be in agreement except for the rape issue....

They had a three year relationship while in high school and joined the ROTC together They spoke of being married and having children someday.

She had one pregnancy with him that ended in miscarriage. He was with her at the hospital and when the doctor warned both of them that she would be fertile.

The night in question, she had broken up with him ealier in the day, but he called her begging to get back together so she asked him to come with her that night. They both agree that she initiated sex even though they had agreed not to have intercourse after her miscarriage. He goes further and says he was raped that night. She says he raised concern but did not resist.

They stayed together about a month after that night and after they learned she was pregnant. I have not seen any indication that abortion was ever discussed. They attended the same church youth group (I am going to assume they might both be pro-life)

They broke up when he found out she slept with another man that same night. (I imagine that raised the question of who's the daddy).

DNA confirmed he is the father of the child

She is currently 23, has two children and is expecting a third (says she is "engaged")

He is 22 and makes $21000 per year and just recently married a girl with two children .

Source: http://www.tampabay.com/news/courts/article1183449.ece

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Submitted by Kris on Wed, 2011-08-10 03:07

I read another article the other day (not sure where from. Wish I had a link) discussing that the girl was somewhat larger then him. They were in the back seat and she used the front seat as leverage to pin him down, locking the door when he tried to open it. This was his account, anyways, according to that article.

Found it. http://www.fathersandfamilies.org/?p=18192 and it's corresponding link.

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Submitted by Kratch on Wed, 2011-08-10 03:09