Another Teacher Rape of a Young Boy, Another Future Child Support Claim

By Alan W. Cohen

It seems like it happens every year. Some loco female teacher go gaga over a young boy, and is found out only when a child results. It happened again this week, when it was reported:

“Marissa A. Mowry, 25, was arrested by the Hillsborough County Sheriffs Office and taken to the county’s jail, Fox 13 reported.

Mowry reportedly started a sexual relationship with an 11-year-old boy in 2014 when she was 22, police said, adding that the relationship went on until the boy was 14.

In October 2014, Mowry gave birth to a child who is now 3, deputies said.

Mowry is facing sexual battery and sexual assault charges. The Hillsborough County Sheriffs Office Child Protective Division is also investigating the incident, WFLA added.”

Here’s the bad news for that boy. In just four years, he will be a legal adult, and that same rapist will likely go after him for child support and win. Yes, being the victim of a rape is no defense to child support. That was something that was decided in the family courts more than 25 years ago when a Wisconsin Court of Appeals found that a being raped as a minor was no defense to paternity, that the resulting child was the innocent one, and all children deserve to be supported. Period. All 50 states have adopted this principle, as has our federal government. All that matters is that the sperm hits the egg.

A more immoral statement has never been spoken. And that is what our nation has turned into, a land where right is wrong and wrong is right, where the Natural Law that Aristotle spoke of, is turned completely on its head. The Roman senator Cicero distinguished between the laws of nature and the law of man. The law of nature was moral and incorruptible, while the law of man changes with the wind, the will of the mob against the rights of the individual.

What we have in America, and have had for more than 150 years, is man made law trumping natural law. As I explain in my new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, the Founders of our great nation believed in the Natural Law, that, as stated in the Declaration of Independence, “we were endowed by Our Creator with certain unalienable rights” including the Right to Parent and the Right to Marry, rights that are forever entwined in Religious Liberty. When our Supreme Court, beginning in 1833, turned away from individual liberty in favor of majority rule, it turned against Natural Law. As Locke once said, Natural Law is right reason, that is purely ethical. Our Founders agreed, finding that government had no authority under the Constitution to compel anyone to do anything when it came to how to raise their children.

In 1888, the Supreme Court rejected the Founders and adopted a bastardized version of English marriage law that was based on the canons of the Anglican Church, forcing all Americans to adhere to what was, in England, a voluntary choice. The government was thus free to compel individuals to adhere to its rules, one being that a husband must support his children or be subject to state determined punishment. In 1973, the Supreme Court ruled that children had no right to financial support from their fathers, but if a state required fathers to support their children, it could not discriminate based on marital status. The federal government pounced, and issued laws requiring all fathers to support their children until age 18, creating an immense bureaucracy that puts the IRS to shame, to enforce that edict.

So, for this now 14-year-old boy, who will be forever traumatized, the rape is not over. It will continue for the next 15 years thanks to the federal government and the Supreme Court.

Alan W. Cohen is retired after more than 25 years as an attorney practicing Family Law. He is also the author of America Solved: A New Family for the 21st Century, a scathing review of what he calls The Child Support System.

Recent Past Blogs:

RIP: Herma Hill Kay, Creator of No-Fault Divorce, Destroyer of Traditional Marriage

Simple Health Care Solution Pits Capitalism Against Socialism

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Can Millennials Save Marriage in America? Studies Say Yes.

 

3 Requirements That Must Be Met in Order for Trump’s Jobs Plan to Work

By Alan W. Cohen

During his campaign, Donald Trump was about one thing: Jobs. Without much help from Congress, he is doing everything he can to support business investment in America to stimulate job creation. But the President is up against more than fifty years of failed government policies that have all but destroyed the incentive of those seeking to fill those jobs. He is up against fifty years of destruction of what was once called the Protestant Worth Ethic.

Donald Trump is seeing the world through his era, when couples married young and stayed together for life, when there was little divorce, and an unwanted pregnancy was a community-wide shame. This was the time when young men saw their place in society based on their chosen career. Their purpose was clear. Succeed to attract the best of of spouses, and to create a good life for himself and his family. Young men entered high school in search of both. Some, not all, went to college if that dream required a higher education. Others chose a different path, to create, or, perhaps, just to work and survive, without a family.

Those days are long over. Young men entering college today are less likely to see their future because they see college as an extension of high school, one where they are freer to play and party and chase girls, many who are more willing than ever to participate without any promise of a future. The statistics are daunting. According to Nicholas Eberstadt, in his recent book,  Men Without Work: America’s Invisible Crisis, there is a smaller percentage of working age men in the workforce than at any time since the Great Depression, and the trend is continuing on a downward spiral. That explains why home ownership rates are also falling and are at the lowest rate since the Great Depression. Marriage rates continue to fall to their lowest ever. The same can be said for the average length of marriage. Meanwhile the rate of children born outside of marriage continues to climb to upwards of 40 percent, more than 72 percent in the African American community.

As I said in my 2015 book, America Solved: A New Family for the 21st Century, the blame for this disaster falls squarely on the federal government and its insidiously stupid child support policies, policies that are more racist than Jim Crow, and more destructive to the African American community than the Ku Klux Klan. In America Solved, I explain how Lyndon Johnson sought to control the African American vote, and how Johnson ignored the findings of the 1965 Moynihan Report that called for a complete reversal of a Kennedy administration policy that not only legislated single-parent families, but required the evicted husbands to pay back to the federal government the sum it was paying as a condition of his eviction. To summarize, the report said: Poor children have poor fathers and, unless immediately changed, would cause irreversible damage.to the African American family. Yet, as I explain in America Solved, those policies remain in place, and those grim statistics are a natural and logical consequence of Johnson’s policy, one that has expanded to a complete federal takeover of family law in America. Incredibly, federal policy is to incarcerate those that fail to pay the sum as determined by the state government agency or court at a cost that far exceeds their debt, even though more than 70 percent of all child support arrears is owed not to the mother, but the federal government, and 90 percent is owed by men earning less than $10,000 a year. It’s insanity on steroids.

So, the bottom line for President Donald Trump is to do three things that he alone can do from the Oval Office without a Congress that has been hell-bent for more than fifty years to continue its socialist expansion:

  1. End Mass Incarceration: Send a message to those men, especially those in poverty and those in the African American community that you hear their cries by issuing pardons to anyone who was ever convicted of criminal nonsupport, and by stopping the funding of federal paid jailing of those convicted. America was supposed to have banned debtor’s prisons at the turn of the 19th Century, but recreated them with the ill-fated 1996 Welfare Reform Bill.
  2. Stop Collection of Government Owed Debt for Back Child Support. As I explain in America Solved: A New Family for the 21st Century, federal law does not permit this debt (unlike back taxes) to be discounted, or in any way forgiven, despite the fact that 90 percent of those who owe it are the same chronically poor that the Welfare program was supposed to help. While President Trump is forbidden from forgiving the debt, a hiatus on all collection efforts will create a momentum that future presidents will have to continue. As well, it will shine a light on this incredibly stupid and racist policy.
  3. Push Male Contraceptives: Only Congress can reverse the illogical belief that men have any control over procreation, and thus should be punished for creating children they cannot support. Condoms are insufficient and the CDC claims only a 5 in 6 success rate. Big Pharma is reluctant to invest in new, inexpensive methods for both the Male Pill, and especially an inoculation procedure created by a doctor in India that would physically block sperm from being ejaculated with the remainder of the semen, a procedure that could be reversed with a similar inoculation.  By forcing these medical procedures and drugs into the open market, and even pushing its distribution, President Trump would be telling these young men that they can live their lives without the fear that their success will be punished. Current child support policies are outdated, and, as I explain in my 2017 book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, unconstitutional. Those policies assume that people will continue to earn more as they get older, and project that higher income on any person who is not presently earning that amount, despite the fact that, if that assumption were ever true, it hasn’t been for at least a generation. As a result, men are saying to America in the most passive aggressive way possible: Why bother? Better to hang around their parents’ house, play video games and get high.

If President Trump wants young men in America to sign on to his program, they must have the idea that he has their back, that he understands their plight. But mostly he must create the incentive for success that is sorely missing in our great nation. They must be free to find their purpose in life, and free to pursue their happiness. Mostly, however, they need to know that the hard work will be worth it. While you cannot reverse fifty years of bad policy overnight, these three measures will be a start. Congress has been asleep at the wheel or headed in the wrong direction, showing no signs of a course correction. That leaves it up to one man. Good luck Mr. President.

Alan W. Cohen is a retired attorney, blogger and author.

Past blogs:

 Why Anti-Sharia Protests Are Misguided

Islamist Victory in Antisemitic Public Relations Battle Spells Doom for Freedom,

Completes Conquest of Europe

75 Notre Dame Students Embarrass Themselves, The University, Their Parents, and Especially America

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Can Millennials Save Marriage in America? Studies Say Yes.

Susan Rice and Unmasking: Where is the Democrats’ Moral Compass?

Comey Confirms that Hillary the Evil Genius Behind the Trump/Russia Scandal