Rebecca 0 #1 February 24, 2005 Sperm Theft QuoteCourt: Man Can Sue Over Surprise Pregnancy CHICAGO - An appeals court said a man can press a claim for emotional distress after learning a former lover had used his sperm to have a baby. But he can't claim theft, the ruling said, because the sperm were hers to keep. The ruling Wednesday by the Illinois Appellate Court sends Dr. Richard O. Phillips' distress case back to trial court. Phillips accuses Dr. Sharon Irons of a "calculated, profound personal betrayal" after their affair six years ago, saying she secretly kept semen after they had oral sex, then used it to get pregnant. 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. Phillips sued Irons, claiming he has had trouble sleeping and eating and has been haunted by "feelings of being trapped in a nightmare," court papers state. Irons responded that her alleged actions weren't "truly extreme and outrageous" and that Phillips' pain wasn't bad enough to merit a lawsuit. The circuit court agreed and dismissed Phillips' lawsuit in 2003. But the higher court ruled that, if Phillips' story is true, Irons "deceitfully engaged in sexual acts, which no reasonable person would expect could result in pregnancy, to use plaintiff's sperm in an unorthodox, unanticipated manner yielding extreme consequences." The judges backed the lower court decision to dismiss the fraud and theft claims, agreeing with Irons that she didn't steal the sperm. "She asserts that when plaintiff 'delivered' his sperm, it was a gift — an absolute and irrevocable transfer of title to property from a donor to a donee," the decision said. "There was no agreement that the original deposit would be returned upon request." Phillips is representing himself in the case. He could not be reached for comment Thursday. "There's a 5-year-old child here," Mirabelli said. "Imagine how a child feels when your father says he feels emotionally damaged by your birth." She blew him, kept the stuff, impregnated herself later, and then sued for paternity. And thinks it's NOT outrageous. I am astounded. you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
justinb138 0 #2 February 24, 2005 Quote I am astounded. Don't be. Shit like that is probably more common than it seems. Unfortunatly, the court's decision doesn't really suprise me that much either. Quote Share this post Link to post Share on other sites
Buried 0 #3 February 24, 2005 not quite as crazy as thinking you are pregnant and then killing someone and cutting out the 8mth y/o baby like it has happened recently Where is my fizzy-lifting drink? Quote Share this post Link to post Share on other sites
ltdiver 3 #4 February 24, 2005 Now if Monica had only tried that one.... ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
Rebecca 0 #5 February 24, 2005 Quotenot quite as crazy as thinking you are pregnant and then killing someone and cutting out the 8mth y/o baby like it has happened recently You think they're comparable? you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
Ron 10 #6 February 24, 2005 Here is my problem.... She performs oral, uses the sperm to get pregnant but the guy has to pay child support? Thats a load of crap."No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334 Quote Share this post Link to post Share on other sites
Rebecca 0 #7 February 24, 2005 Exactly - she doesn't think what she did is wrong. This wasn't him not accepting responsibility for knocking her up - she knocked herself up. He may as well have donated to a sperm bank. you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
Buried 0 #8 February 24, 2005 Quote You think they're comparable? sure, can't see why not. this instance isn't as bad as the one i mentioned but still is crazy. I wonder what was the fixation the women had for this guy since I wouldn't imagine how hard it would be for her to get pregnant via AI or by going out and getting any guy Where is my fizzy-lifting drink? Quote Share this post Link to post Share on other sites
justinb138 0 #9 February 24, 2005 QuoteExactly - she doesn't think what she did is wrong. This wasn't him not accepting responsibility for knocking her up - she knocked herself up. He may as well have donated to a sperm bank. What's even worse is that the court apparently doesn't think what she did was wrong either. Edit: She knows what she did was wrong. Admitting it just wouldn't work very well for her case. Quote Share this post Link to post Share on other sites
jumper03 0 #10 February 24, 2005 so she spit in a cup and froze it??? I didn't know it was that easy. Scars remind us that the past is real Quote Share this post Link to post Share on other sites
Guest #11 February 24, 2005 I can't wait until Tom Leykis gets hold of this one!!! "The mouse does not know life until it is in the mouth of the cat." Quote Share this post Link to post Share on other sites
justinb138 0 #12 February 24, 2005 QuoteI can't wait until Tom Leykis gets hold of this one!!! That is the first person I thought of when I read this thread. Quote Share this post Link to post Share on other sites
billvon 3,109 #13 February 24, 2005 >She performs oral, uses the sperm to get pregnant but the guy has to pay child support? I think it's stupid too. But if the same man had sex with the same woman, and the woman claimed to be using 100% effective birth control - would you still say that it's a load of crap? Quote Share this post Link to post Share on other sites
Ron 10 #14 February 24, 2005 QuoteI think it's stupid too. But if the same man had sex with the same woman, and the woman claimed to be using 100% effective birth control - would you still say that it's a load of crap? No, but with vaginal intercourse that is a risk you take. Anal or oral there is no risk of the woman getting pregnant. Two different risk groups. If a condom breaks, or BC pill fails that is a risk. you accept that risk when you have vaginal intercourse...A BJ will not lead to pregnancy unless the crazy bitch pulls a stunt like this."No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334 Quote Share this post Link to post Share on other sites
Shotgun 1 #15 February 24, 2005 QuoteThats a load of crap. He said "load". I agree, that is a load of crap. If she intentionally deceived him to get pregnant using sperm from her MOUTH, then I see no reason for this guy to pay child support. I guess it's another example of why you should be extremely careful about who you choose to have sex with... Quote Share this post Link to post Share on other sites
jumper03 0 #16 February 24, 2005 QuoteI guess it's another example of why you should be extremely careful about who you choose to have sex with... that was sex? I guess that depends on the definition of 'is'.... Scars remind us that the past is real Quote Share this post Link to post Share on other sites
freeflycracker 0 #17 February 24, 2005 Gotta love the leagal system So now what? Do I start asking for it back? Quote Share this post Link to post Share on other sites
Shotgun 1 #18 February 24, 2005 Quotethat was sex? I guess that depends on the definition of 'is'.... Well it was oral sex. Quote Share this post Link to post Share on other sites
MattM 0 #19 February 24, 2005 Guess you have to ask for it back or make sure they swallow. Matt Quote Share this post Link to post Share on other sites
Rebecca 0 #20 February 24, 2005 "Here, I'm just going to pinch your nose... c'mon, it uh, turns me on after head... there we go... down the hatch..." you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
penniless 0 #21 February 24, 2005 QuoteQuoteThats a load of crap. He said "load". I agree, that is a load of crap. If she intentionally deceived him to get pregnant using sperm from her MOUTH, then I see no reason for this guy to pay child support. I guess it's another example of why you should be extremely careful about who you choose to have sex with... Exactly. She already made the claim in court that the sperm was hers (a "gift" from the donor) in order to get around the theft charge. So she then used her own sperm to get pregnant. Quote Share this post Link to post Share on other sites
Zep 0 #22 February 24, 2005 QuoteQuotethat was sex? I guess that depends on the definition of 'is'.... Well it was oral sex. I thought according to one of your ex presidents oral wasen't defined as sex Gone fishing Quote Share this post Link to post Share on other sites
happythoughts 0 #23 February 24, 2005 Earlier, there was this thread about women who randomly named one of the guys that they had slept with as the father. The State of Calif sent the "father" a notice that they owed child support. Some had never even met the woman, but were required to pay support. DNA evidence gets you out of a murder conviction in Calif, but not child support. Nothing with the word "judge" in it surprises me anymore. Quote Share this post Link to post Share on other sites
Shotgun 1 #24 February 24, 2005 QuoteI thought according to one of your ex presidents oral wasen't defined as sex Coming from a President who lied under oath (and cheated on his wife, but that's none of my business), I don't think I would easily believe anything he had to say. Quote Share this post Link to post Share on other sites
dorbie 0 #25 February 25, 2005 I think all the guys in this thread will agree with me that she should have swallowed, and from now on I'm going to make that a condition of unloading in anyone's mouth. You can't be too carefull. Quote Share this post Link to post Share on other sites
