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State ex rel. Hermesmann v. Seyer

Supreme Court of Kansas
847 P.2d 1273 (Kan. 1993)


Colleen Hermesmann and Shane Seyer (defendant) had a child together. At the time the child was conceived, Hermesmann was 17 years old, and Seyer was 13 years old. Hermesmann was charged with statutory rape and reached a plea agreement for the lesser offense of contributing to a child’s misconduct. The Kansas Department of Social and Rehabilitation Services (SRS) (plaintiff) filed a petition on behalf of Hermesmann, seeking an order that Seyer was the father of the child and responsible for child-support payments. Seyer did not dispute that he was the biological father of the child. The trial court ordered Seyer to pay $50 per month in child support. Seyer appealed, arguing that because he could not consent to the sexual intercourse that produced the child, he could not be held responsible for child-support payments.

Rule of Law


Holding and Reasoning (Holmes, C.J.)

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