I 1000% agree. It may not constitute the offense of "kidnapping," but it's not legal. The right to care, custody, and control of one's minor children is constitutional and cannot be disrupted even by the child absent a showing of harm to the child by remaining in the parent's care.
I have been absolutely buried in work. It is INSANE this time of year, every year.
Property division is not affected by fault. But a court could probably grant him half the value of the house, and in the same breath order him to pay his one-half interest to her as alimony necessary for her...
This exactly. He's a defense attorney (but obviously the attorney assigned to TC won't be able to comment on the case as realistically as McGuire is), and he thinks like a defense attorney because after a while it sort of becomes your orientation to life.
No, he's just thinking about how he would approach the case if he were the defense attorney. A lawyer's job is to minimize exposure and liability to her client.
I understood what you were saying. More than anything, it's the age difference and the teacher-student dynamic, and the resulting power imbalance from those things, that makes it rape. This is the same reason why our rules of professional conduct forbid a lawyer from sleeping with a client...
What he has done is not just simple statutory rape (as with a 15yo girl and her 20yo boyfriend). It's both aggravated statutory rape (age difference >10 years) and statutory rape by an authority figure, under Tennessee law.
In my opinion, this is the same thing as saying that a rape victim should have known not to wear tight jeans to that party or go visit that guy alone at his apartment - I mean, what did she THINK was gonna happen?
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