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State Ex Rel. Hermesmann v. Seyer

Supreme Court of Kansas
252 Kan. 646, 847 P.2d 1273 (1993)
ELI5:

Rule of Law:

A minor father's legal incapacity to consent to sexual intercourse under criminal law does not relieve him of his civil duty to provide financial support for a child conceived as a result of that act. The public policy of ensuring child support overrides the policy of protecting minors from the consequences of their acts.


Facts:

  • Colleen Hermesmann, age 16, provided babysitting and day care services for Shane Seyer.
  • When Seyer was 12 and Hermesmann was 16, they began a sexual relationship that continued for several months.
  • As a result of the relationship, Hermesmann gave birth to a daughter, Melanie, on May 30, 1989.
  • At the time of the child's conception, Seyer was 13 years old and Hermesmann was 17.
  • Hermesmann received financial assistance for the child from the Kansas Department of Social and Rehabilitation Services (SRS).
  • The district attorney's office filed a petition against Hermesmann for having sex with a minor, and she was ultimately adjudicated a juvenile offender for the lesser offense of contributing to a child's misconduct.

Procedural Posture:

  • The Kansas Department of Social and Rehabilitation Services (SRS) filed a petition in a civil proceeding to establish Shane Seyer's paternity and seek reimbursement for public assistance funds paid for his child.
  • An administrative hearing officer found Seyer to be the father and ordered him to pay prospective child support, but denied SRS's request for reimbursement of past expenses.
  • Seyer sought judicial review in the district court, arguing his inability to consent terminated his support duty.
  • SRS also sought judicial review in the district court, challenging the denial of reimbursement for past support.
  • The district court judge found the issue of consent irrelevant, affirmed Seyer's duty of support, and granted SRS a joint and several judgment against both parents for past expenses.
  • Shane Seyer (appellant) appealed the district court's judgment and support order to the Kansas Court of Appeals.
  • The Kansas Supreme Court transferred the case from the Court of Appeals on its own motion.

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Issue:

Does a minor father's legal inability to consent to sexual intercourse under a criminal statute absolve him of his civil duty to provide financial support for the child conceived from that act?


Opinions:

Majority - Holmes, C.J.

No. A minor father's legal inability to consent to sexual intercourse under a criminal statute does not absolve him of his civil duty to provide financial support. Paternity actions are civil proceedings, and the criminal law concept of consent is irrelevant. The Kansas Parentage Act contemplates that minors can be parents and imposes a duty of support without exception for age or the circumstances of conception. This duty is rooted in both statutory and common law, which prioritizes the child's right to receive support from both biological parents. The public policy of ensuring a child's welfare is superior to the competing policy of protecting a minor from the consequences of improvident acts. Therefore, the mother's wrongdoing in the context of criminal law does not negate the father's independent, civil obligation to support his child.



Analysis:

This case establishes a significant precedent in Kansas by clearly separating a parent's civil child support obligation from any criminal law considerations surrounding the child's conception. The court's decision firmly prioritizes the financial security and welfare of the child above the legal status or relative fault of the parents. This ruling effectively forecloses the use of a 'statutory victim' defense in civil paternity and support actions, reinforcing that the duty of parental support is a strict obligation based on biological parentage, not on consent or culpability.

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