State ex rel. Hermesmann v. Seyer Case Brief Summary | Law Case Explained
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State ex rel. Hermesmann v. Seyer | 847 P.2d 1273 (Kan. 1993)
Parents are generally responsible for financially supporting their kids. But what if the father was the victim of statutory rape committed by the mother? Does this eliminate the father’s support obligation? The Kansas Supreme Court faced this question in State ex rel. Hermesmann versus Seyer.
Shane Seyer was just thirteen years old when his babysitter, seventeen-year-old Colleen Hermesmann, became pregnant with their daughter, Melanie. Hermesmann was charged with statutory rape but ultimately pleaded down to the lesser offense of contributing to a child’s misconduct. The Kansas Department of Social and Rehabilitation Services filed a petition on Hermesmann’s behalf, seeking a court order that Seyer was Melanie’s father and that he was responsible for financially supporting her. Seyer never denied that he was Melanie’s biological father. The trial court ordered Seyer to pay fifty dollars a month in child support, and Seyer appealed to the Kansas Court of Appeals. The case was then transferred directly to the Kansas Supreme Court by that court’s own motion. The crux of Seyer’s argument on appeal was that because he was legally too young to consent to sexual activity with Hermesmann under the criminal laws of Kansas, he couldn’t be held responsible for supporting the child born of their relationship.
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