Hermesmann v. Seyer

Hermesmann v. Seyer (State ex rel. Hermesmann v. Seyer (1993)) 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.

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 statutes 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.

References

• Hermesmann v. Seyer, Kan. 1993
• Kansas Court File
• News Article