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Friday, April 6, 2007 12:00 AM

Dusting off 17th century rape laws

A Maryland lawmaker evokes English common law as part of a history lesson.

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  • Friday, April 6, 2007 12:46 PM

    In a secret hearing, I was accused of abuse and abandonment, and had my kids taken away. The charges were dropped. The kids never returned.

    I used to have 50/50 joint physical and legal custody of my kids.

    In a secret hearing "emergency hearing" a judge heard from my ex-wife's lawyer, but not from my ex-wife, that I was abusing the kids and had abandoned them.

    The emergency order took my kids away and set a trial date three months later.

    No evidence was presented. No testimony. Nothing for neighbors, teachers, police, or hospitals. All based on an affidavit from my ex-wife.

    Before the hearing, all the accusations were dropped. I hadn't seen the kids except for a few court ordered supervised occasions in three months, and the judge did not give me back the complete visitation I had had before.

    My ex was never brought up in court to be asked to defend her charges or asked why she made these false charges.

    Apparently, your maryland lawmaker is a defense attorney, and he believes, "Asked about the comments yesterday, Vallario said: "It was a way to bring the committee into the history of that [instruction to juries] to members who had not been familiar with it," he said. "The Lord Hale law is no longer the law in the state. That's why I voted to repeal it." Vallario said yesterday that he would support the paternity bill if it is amended to give fathers adequate notice of a hearing in which their paternal rights could be taken away."

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