|
make sure she swallows....
Via the Chicago Sun Times
http://www.suntimes.com/output/news...ws-sperm25.html
| quote: |
Court: Man can sue over 'surprise' pregnancy
February 25, 2005
BY ABDON M. PALLASCH Legal Affairs Reporter Advertisement
If a woman performs oral sex on a man, leaves the room, secretly uses that sperm to impregnate herself, then sues the man for child support, is that "extreme and outrageous" conduct?
Yes it is, the Illinois Appellate Court ruled this week.
The justices said Chicago doctor Richard Phillips can try to convince a jury that his ex-fiancee pulled that trick on him, causing him emotional distress.
The ex-fiancee, Sharon Irons, also a doctor, says Phillips got her pregnant the old-fashioned way -- sexual intercourse -- and concocted the oral sex story as a novel excuse to get out of paying child support for their 5-year-old daughter.
"It's a pack of lies," said Irons, who says she and Phillips have dated off and on since they were students at the University of Illinois Medical School and rekindled their romance after she separated from her husband.
Experts say it's possible
Phillips already lost in paternity court and has been ordered to pay $800 a month because DNA tests show the girl is his. Under the law in Illinois and many states, Phillips has child support obligations whether or not he intended to procreate.
"If he ejaculated and had semen on her or near her through a sex act and somehow it got into her fallopian tubes, up through the ovaries, too bad -- he's got to be more careful what he does with his semen," said Chicago divorce lawyer Donald C. Schiller.
Appellate Justice Allan Hartman noted a 1997 Louisiana case which held a man who said a woman impregnated herself with sperm she got from him in oral sex had child support obligations because "he had some sort of sexual contact" with the woman.
Fertility experts say that even though saliva can break down sperm, Phillips' story theoretically is possible.
Though he lost in paternity court, Phillips filed a case charging Irons' alleged scheme was "intentional infliction of emotional distress," "conversion," and other violations of state law under which he could sue her for $50,000 or more. Her actions caused him "nausea, inability to eat, difficulty concentrating and sleeping, feelings of being trapped in a nightmare, he said in his suit.
Phillips offers no proof for his claim, said Irons' attorney, Enrico J. Mirabelli. "His complaint is the best work of fiction I have read since The DiVinci Code," Mirabelli said.
|
|
