See, honey? It's a "gift".

[Ghoulish Delight]

You don't like your present?

http://www.msnbc.msn.com/id/7024930/

[SacTown Chronic]

I've always enjoyed giving gifts. I guess I'm just a generous person. :evil:

[mhrc4]

OMG.... from a doctor too, i never say this, but someone deserves to die....

[Ghoulish Delight]

OMG.... from a doctor too, i never say this, but someone deserves to die....I don't blame the guy. I mean, how freaking creepy! "Hey, I know you thought we were safe and all, but, see, I actually saved your sperm in my mouth and used it later to get myself pregnant." How messed up is that? They don't detail HOW she used the sperm to impregnate herself. That must have been an interesting process. And that poor kid. "Mom, where did I come from?"

[mousepod]

There's a girl that Heather used to know who would tie up used condoms and toss them in her freezer "just in case." Don't think she ever used them, but you never know...

[mhrc4]

I don't blame the guy. I mean, how freaking creepy! "Hey, I know you thought we were safe and all, but, see, I actually saved your sperm in my mouth and used it later to get myself pregnant." How messed up is that? They don't detail HOW she used the sperm to impregnate herself. That must have been an interesting process. And that poor kid. "Mom, where did I come from?"

my point exactly, he thought he was gettin away with it and being safe, having oral sex, only to learn that this doctor saved it and used it to artificially inseminate herself... thats just creepy, and downright deceitful. It is lawsuits like this that really have me believing that our legal system is a joke. She should have the child removed from her custody and she should be thrown in jail for FRAUD.

[Cadaverous Pallor]

Wow, what a story! :eek: Insanity.

[Ghoulish Delight]

my point exactly, he thought he was gettin away with it and being safe, having oral sex, only to learn that this doctor saved it and used it to artificially inseminate herself... Ah, THAT doctor. He's a doctor, I didn't realize she is too.

[Ghoulish Delight]

She should have the child removed from her custody and she should be thrown in jail for FRAUD.Well, unless she's asking for child support, I don't think he's got much of a case for fraud as it didn't particularly cost him anything.

[mousepod]

Well, unless she's asking for child support, I don't think he's got much of a case for fraud as it didn't particularly cost him anything.

"He said he didn’t find out about the child for nearly two years, when Irons filed a paternity lawsuit. DNA tests confirmed Phillips was the father, the court papers state.

Phillips was ordered to pay about $800 a month in child support, said Irons’ attorney, Enrico Mirabelli."

[mhrc4]

Well, unless she's asking for child support, I don't think he's got much of a case for fraud as it didn't particularly cost him anything.

read the case, shes a doctor too, and she got like $800/mo child support out of him

[Ghoulish Delight]

Missed that line. Yeah, definite fraud action here. Don't quite understand why that part was dropped. Theft, sure, but not the fraud.

[€uroMeinke]

read the case, shes a doctor too, and she got like $800/mo child support out of him

That was some blow job

[Name]

That's why I only like women that swallow. :evil:

[Not Afraid]

All women swallow, dear. It just depends on what.

[€uroMeinke]

That's why I only like women that swallow. :evil:
So I suppose your less discriminating with men :evil:

[Not Afraid]

I'd just rather have a pearl necklace.

[Cadaverous Pallor]

That's why I only like women that swallow. :evil:Judge, judge, judge. We do our best. You try it. :evil:

[€uroMeinke]

Judge, judge, judge. We do our best. You try it. :evil:

I hear peanut butter is a good chaser

[Not Afraid]

Heh. It's easy. But, I really want one of those QVC necklaces.

[Name]

Judge, judge, judge. We do our best. You try it. :evil:
I prefer the krispy kreme glaze, thanks anyway. :evil:

[Prudence]

Missed that line. Yeah, definite fraud action here. Don't quite understand why that part was dropped. Theft, sure, but not the fraud.

Probably because it didn't meet the exact definition of fraud for that jurisdiction. Something you learn really quickly in law school is that words don't mean what you think they mean. To prove something like fraud, you have to prove that someone did all the things (elements) that that specific jurisdiction considers the necessary elements of that offense. What's fraud in my state may not be exactly the same as fraud in your state.

Making appropriate and functional laws is harder than it looks. For example, in general, it's considered good policy that your body parts aren't property, and therefore can't be sold. I won't go into the pros and cons, but you can't sell your kidneys. But there are some exceptions for things like blood and sperm, either because we want to encourage "donation" or because we want to allow people to "donate" if they choose.

So, in a very simplified fashion, the existing state of affairs is that you can't treat body parts like property, except for blood and sperm/eggs. Except that "giving" your sperm to a lover isn't the same as giving them a book or a box of chocolates. That's why laws get re-written and refined.

Sorry for going all Professor Prudence. School is like a drug. I can quit any time!

[Ghoulish Delight]

So, in a very simplified fashion, the existing state of affairs is that you can't treat body parts like property, except for blood and sperm/eggs. Except that "giving" your sperm to a lover isn't the same as giving them a book or a box of chocolates. That's why laws get re-written and refined.Yes, but whether it was a gift or not shouldn't affect a fraud claim. Afterall, there are plenty of fraud cases that have been prosecuted successfully in which the victim willingly handed over money or property. But willingly or not, if the recipient uses that "gift" in a way that differs from the stated purpose, it's generally defined as fraud. Heck, I'd go so far as to call this case extortion since it's not even about the initial transfer of property (which is what fraud usually covers), but about the future demand for payments (child support) based on fraudulent use of the gift.

[Mousey Girl]

I'd just rather have a pearl necklace.

Ditto.

Since she did this on her own, she needs to raise the kid on her own too. He should not have to pay child support.

[Cadaverous Pallor]

I prefer the krispy kreme glaze, thanks anyway. :evil:If only it was that good....now there's some genetic engineering I can get behind! :eek: :evil:

[Prudence]

Yes, but whether it was a gift or not shouldn't affect a fraud claim. Afterall, there are plenty of fraud cases that have been prosecuted successfully in which the victim willingly handed over money or property. But willingly or not, if the recipient uses that "gift" in a way that differs from the stated purpose, it's generally defined as fraud. Heck, I'd go so far as to call this case extortion since it's not even about the initial transfer of property (which is what fraud usually covers), but about the future demand for payments (child support) based on fraudulent use of the gift.

Still depends on what the elements of fraud are in that jurisdiction. If the prosecution doesn't think they can prove all the elements, or the judge determines that they absolutely can't prove all the elements, they can't prosecute for fraud. I haven't taken torts yet, so I dunno what the elements are for sure (we've only covered fraud as a defense to breaking a contract.) In my state, there are something like 9 elements to fraud. Doesn't mean she's not a lying bee-otch who shouldn't get a dime. Just means that they have to charge her with something else. Sometimes prosecutors have to be creative. The law is surprisingly underdeveloped in this area. Sometimes it's hard to anticipate behavior this outrageous.

[Tito's Kitten]

Slightly off topic here...

Have you heard about the whole pineapple juice theory?? Appearantly drinking lots of pineapple juice will turn sperm into some sort of hawaiian cocktail chaser flavored with the taste of pineapple. Supposedly it is true but I don't know if I believe it.....

And back to the lady... CRAZY!!! She sounds like the type of woman that Tom Leykis is always warning men about.....

[Morrigoon]

Here's my official unsolicited opinion: he shouldn't have to pay a DIME, AND... he should be granted visitation. It's one thing to have actual sex with a woman, and she gets preggers. Fine, ya did something you KNEW had a .2% chance of resulting in a child (assuming you used protection). But a blow job? Get friggin' real!

How about misuse of personal information (eg: DNA code)? There must be SOMETHING to nullify the paternity suit. Yes, it's his kid, NO it's not remotely his fault. Huh uh, sorry. This was no accidental pregnancy, and there was no chance of accidental pregnancy. On the other hand, there is a kid out there for whom he is the daddy, and I think, despite his lack of intention to have a child, he ought to be granted visitation at his option.

[mistyisjafo]

Slightly off topic here...

Have you heard about the whole pineapple juice theory?? Appearantly drinking lots of pineapple juice will turn sperm into some sort of hawaiian cocktail chaser flavored with the taste of pineapple. Supposedly it is true but I don't know if I believe it.....

And back to the lady... CRAZY!!! She sounds like the type of woman that Tom Leykis is always warning men about.....

Actually, tonight he was talking about this exact case. The lawyer who represents the woman was on. I didnt hear much but it made me sick to think some woman would do that just to have a child. How completely selfish!

It's appaling.

[Mousey Girl]

Had she gone out and gotten a spermcicle she would not be getting child support.

[Ghoulish Delight]

Had she gone out and gotten a spermcicle she would not be getting child support.Or, now I know I'm stretching with this one, but bear with me, if she had not done some sort of unthinkable transferance from her mouth to her inbox, then perhaps she wouldn't have hit the jackpot.

[Tito's Kitten]

The weird thing is that yes Leykis had the lawyer of the woman on and appearantly they, the man and the woman, had been friends for 12 years (they met in medical school) and the whole thing is that SHE CLAIMS that they slept together. He is the one saying that he only received oral sex and that they did not have intercourse. So now that is the problem since it turns into a he said she said kind of thing. How can she prove they slept togther and how can he prove they didn't??? Where are the hidden pervy cameras when you REALLY need them... I think they are all focusing on Paris Hilton....

[Cadaverous Pallor]

The weird thing is that yes Leykis had the lawyer of the woman on and appearantly they, the man and the woman, had been friends for 12 years (they met in medical school) and the whole thing is that SHE CLAIMS that they slept together. He is the one saying that he only received oral sex and that they did not have intercourse. So now that is the problem since it turns into a he said she said kind of thing. How can she prove they slept togther and how can he prove they didn't??? Where are the hidden pervy cameras when you REALLY need them... I think they are all focusing on Paris Hilton....Ok, this makes more sense. He may be a total liar, too. As usual, the report is more entertaining than the story. Oh well, provided us with a great new euphemism. GD and I were cracking up each time we heard the word "gift" yesterday. ;)

[jdramj]

There is alot missing from this version of the story. If I read the story correctly....Not only is she claiming that they had sex, but it turns out she was married and getting a divorce. He says she told him she was getting a divorce, but she really wasn't and then turned up pregnant. He knew she was prgenant and told her he'd marry her and she should quit her job to raise the child. 2 days before her final day he backed out saying he changed his mind and didn't want to be involved after all. Major case of he said-she said going on here. To be honest...both of these people sound like big losers.

[Scrooge McSam]

Or, now I know I'm stretching with this one, but bear with me, if she had not done some sort of unthinkable transferance from her mouth to her inbox, then perhaps she wouldn't have hit the jackpot.

Hee hee He said inbox

[Not Afraid]

Slightly off topic here...

Have you heard about the whole pineapple juice theory?? Appearantly drinking lots of pineapple juice will turn sperm into some sort of hawaiian cocktail chaser flavored with the taste of pineapple. Supposedly it is true but I don't know if I believe it......

Wait. I thought this was berry smoothies? (I honestly don't pay attention to this stuff).

[Ghoulish Delight]

Wait. I thought this was berry smoothies? (I honestly don't pay attention to this stuff).Both have been purported to work, and in the case of pineapple juice, proven (thank you Loveline!).

[Tito's Kitten]

Originally posted by Ghoulish Delight
and in the case of pineapple juice, proven

Sweet!! Oh umm I mean thanks for the info....

Originally posted by Not Afraid
Wait. I thought this was berry smoothies? (I honestly don't pay attention to this stuff).

Sure you don't.........

[Moonliner]

Appearantly drinking lots of pineapple juice will turn sperm into some sort of hawaiian cocktail

Errr, just for scientific accuracy could you please define the word "lots" in terms of ounces/pound body weight?

The scientific community thanks you.