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Mom Who Took Son Into Hiding To Save His Foreskin Sobs In Court As She Signs Consent For Circumcision

UGHToastIU

May 25, 2015
108 upvotes
/r/MensRights
http://news.nationalpost.com/news/world/heather-hironimus-intactivist-mom-who-took-son-into-hiding-to-save-his-foreskin-sobs-in-court-as-she-signs-consent-for-circumcision
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Title Mom Who Took Son Into Hiding To Save His Foreskin Sobs In Court As She Signs Consent For Circumcision
Author

UGHToastIU

Upvotes 108
Comments 66
Date May 25, 2015 8:23 PM UTC
(11 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/378s58/mom_who_took_son_into_hiding_to_save_his_foreskin/
Archive Link https://theredarchive.com/r/MensRights/mom-who-took-son-into-hiding-to-save-his-foreskin.979326
https://theredarchive.com/post/979326

Comments

[–]SirSkeptic 21 points22 points23 points 11 years ago (11 children) | Copy Link

How can this contract be binding? I don't know much about contract law, but I do know that any contract signed under duress is not valid. How can this possibly be anything than under duress?

[–]tiqr 8 points9 points10 points 11 years ago* (9 children) | Copy Link

There was an earlier contract that compelled her to sign this one. I do this all the time in my work, it's called a "further assurance clause" that basically says "the parties to this agreement will sign whatever stuff needs to be signed in the future in order to give effect to what's agreed in this contract".

[–]SirSkeptic 2 points3 points4 points 11 years ago (8 children) | Copy Link

Not criticising you - just want to know - If I hold someone prisoner or hold a gun to their head, is the contract still valid?

[–]tiqr 1 point2 points3 points 11 years ago (7 children) | Copy Link

No. The legal term for that is "duress", and a contract is not enforceable under duress.

But your example doesn't apply to this decision. She didn't have a gun to her head when she agreed to the parenting plan. She was in a court of law, and likely with the assistance of legal counsel. She consented to the procedure, and that was put into a court order. She changed her mind, but the courts upheld the original order.

[–]SirSkeptic 2 points3 points4 points 11 years ago (6 children) | Copy Link

I thought they were going to leave her to rot in jail indefinitely until she signed the new consent contract. Did I misread that?

She may not have been under duress for the first contract but with the second one she certainly was.

She was in a court of law for that second one and so, in principle, she had the guns of every police officer on the force pointed at her head..

[–]tiqr 2 points3 points4 points 11 years ago (5 children) | Copy Link

She wasn't forced to sign a contract, she was forced to sign a consent. The two are different things, because the consent lacks Consideration, which is an essential element of contract.

I agree with you that it doesn't seem right. As I mention in my heavily downvoted post, it is twisted that court forced her to sign a consent for the procedure when they could have just 'dispensed' with her consent for the procedure. Court can do things like that.

[–]SirSkeptic 1 point2 points3 points 11 years ago (0 children) | Copy Link

Ah, okay. I was using 'consent' and 'contract' interchangeably. Thanks for that, clearly I was right when I said I didn't know much about contract law. I thought that any legal 'item' that held signatures fell under the law of contract, I stand corrected.

Thanks again.

[–]not_shadowbanned_yet 1 point2 points3 points 11 years ago (2 children) | Copy Link

So she was forced to give consent?

[–]tiqr 1 point2 points3 points 11 years ago (1 child) | Copy Link

Yeah, and technically consent obtained through threats is "vitiated" (doesn't count). I guess legal court pressure isn't considered a threat though. I think the reasoning is that courts aren't capable of being 'unjust', because they are who determines 'justice'.

[–]timoppenheimer 1 point2 points3 points 11 years ago (0 children) | Copy Link

Thanks Kafka

[–]unklestinky 16 points17 points18 points 11 years ago (4 children) | Copy Link

The father has called circumcision “just the normal thing to do.”

a normal thing to do is to work together in the parenting of your child.

[–]Revoran 7 points8 points9 points 11 years ago (0 children) | Copy Link

work together in the parenting of your child.

This is the right thing to do, but sadly it is becoming less and less normal.

[–]Griever114 2 points3 points4 points 11 years ago (0 children) | Copy Link

a normal thing to do is to work together in the parenting of your child.

Funny story, thats EXACTLY what the judge said in his closing statement. Which is complete bullshit since he got the judge to rule in his favor nullifying the mothers wishes

[–]marcm6246 0 points1 point2 points 11 years ago (0 children) | Copy Link

Yep. At this point I don't think the kid being circumcised is his main priority, it's winning in the court of law over his wife. Saddening.

[–]TheGDBatman 5 points6 points7 points 11 years ago (2 children) | Copy Link

I would be very surprised if this kid grows up not hating his father.

[–]marcm6246 1 point2 points3 points 11 years ago (1 child) | Copy Link

Is there any doubt? The father basically just severed his relationship with his son during this whole debacle.

[–]try_____another 0 points1 point2 points 11 years ago (0 children) | Copy Link

It would be interesting to know what that state's laws are regarding a child's ability to give and withhold consent to surgery - in some places the normal age restriction can be waived if the child understands the nature of the procedure and the consequences of their decisions, weighted against the importance of the decision (so the less important the procedure, the more choice they have). In the UK, the relevant law comes from Gillick, but AIUI in some parts of the US the age restriction is absolute.

[–][deleted] 2 points3 points4 points 11 years ago (4 children) | Copy Link

Okay, the kid is 4 goddamn years old. How about we ask him "hey, want us to cut part of your dick off?"

[–]marcm6246 2 points3 points4 points 11 years ago (3 children) | Copy Link

They have. He said himself that he didn't want the procedure done.

[–][deleted] 2 points3 points4 points 11 years ago (2 children) | Copy Link

And THAT should be the fucking end of it.

[–]marcm6246 2 points3 points4 points 11 years ago (1 child) | Copy Link

Should be. But sadly minor's don't really have rights no matter what they say. It's beyond ridiculous.

[–]try_____another 1 point2 points3 points 11 years ago (0 children) | Copy Link

Doesn't Florida have an exception to the age limit akin to Gillick? I know some US states do, but other don't.

[–]autotldr 3 points4 points5 points 11 years ago (0 children) | Copy Link

This is the best tl;dr I could make, original reduced by 74%. (I'm a bot)


With her legal options dwindling, Hironimus went missing in February, and ignored a judge's order that she appear in court and give her consent for the surgery to be performed.

Brought before Judge Jeffrey Gillen on Friday, Hironimus again declined to sign a consent form for the surgery, and she was advised she would remain jailed indefinitely.

Georganne Chapin, executive director of Intact America, which advocates against circumcision, said the images of a distraught Heather Hironimus signing the form to allow the surgery show how she was "Bullied" into it and that she doesn't truly give her consent.


Extended Summary | FAQ | Theory | Feedback | Top five keywords: Hironimus#1 father#2 surgery#3 circumcision#4 sign#5

Post found in /r/MensRights, /r/news and /r/nottheonion.

[–]mikesteane 1 point2 points3 points 11 years ago (0 children) | Copy Link

This may turn out to be a good thing. The mutilation will probably not occur; any doctor is taking on a huge risk to do it, and the debate that this decision is causing and will cause brings into question the idea that it is "just normal." The incidence of circumcision will surely go down because of this decision.

[–][deleted] 1 point2 points3 points 11 years ago (1 child) | Copy Link

How old is the child?

[–][deleted] 2 points3 points4 points 11 years ago (0 children) | Copy Link

4.5 years

[–]rocelot7 1 point2 points3 points 11 years ago (3 children) | Copy Link

That's it; we riot. I'm making the molotov's right now.

[–]reaper_2 -1 points0 points1 point 11 years ago (2 children) | Copy Link

How mature

[–]rocelot7 2 points3 points4 points 11 years ago (1 child) | Copy Link

Viva la revolution.

[–]whispen2 0 points1 point2 points 11 years ago (0 children) | Copy Link

Viva la vida.

[–]tiqr -3 points-2 points-1 points 11 years ago (28 children) | Copy Link

I may not agree with circumcision as a practice, and I am always perplexed as to how "fashionable" it is in the United States, but this needs to be kept in context.

The woman signed a parenting plan, in court, whereby the son would be circumcised at the father's expense. This would have been one term of many in the parenting plan, and she may well have received a concession of her own in exchange for it.

She changes her mind, and decided she would not consent to the procedure, notwithstanding that there was a court order compelling her to do so. She tried to get it set aside, but failed. She appealed the decision, but was denied a second time. Rather than comply with the court order, after numerous attempts to appeal the initial decision, she absconded with her son and went into hiding. In any other context, commenters on this subreddit would be furious at this woman's actions.

Regardless of how one feels about the ethics of circumcision (and I think it is unethical without medical need), the reality is that the procedure is common and not especially problematic in most cases. Courts can only act on evidence, and there is not medical evidence that the procedure should have been stopped. There was, in fact, some evidence that the procedure should be done because the boy had some urinary issues.

We can't blame the courts on this one. They did their job. If you need to get mad about this, get mad medical community for recommending the procedure in the US. Get mad at a culture which treats circumcision as "fashionable".

If you really want to get mad the courts - I guess you could ask why they need her to sign the consent form. Courts dispense with parents' consents all the time for things. Dispense with her consent and let the surgery go forward without her permission. Don't make her sign the damn thing! I find that element rather twisted.

[–]Callipso 17 points18 points19 points 11 years ago (11 children) | Copy Link

I understand thats what SHE wanted and I can understand why shes getting nailed with all this.

What I don't understand is why this is being force upon the child when (IIRC) he expressed an opinion of not wanting it done.

Combined with the fact that I see it as mutilating a child for no medical benefit, I see this as a violation of his basic human rights. I don't care one way or the other about the mom, but the kid is being forced to do something which I think is wrong.

[+]tiqr -6 points-5 points-4 points 11 years ago (10 children) | Copy Link

Children don't get to make their own decisions. They lack the capacity. This is why we don't let 8 year olds vote.

Parents make medical decisions for their children, and doctors take their cues from the parents. This is why the doctors are refusing to do this operation without the mother signing off. They won't listen to just one parent, they need both.

[–]chinawinsworlds 21 points22 points23 points 11 years ago (1 child) | Copy Link

But it's not even a medical issue... it's like them tattooing him.

[–]tiqr -1 points0 points1 point 11 years ago (0 children) | Copy Link

Apparently the child's physician had recommended it.

[–]UtahStateAgnostics 8 points9 points10 points 11 years ago (0 children) | Copy Link

And parents definitely get to make those kinds of decisions - like to have their kid's appendix out if it's infected, or to OK a tonsillectomy. These are procedures that are done to improve the health of a child, and aren't done for "fashionable" reasons, or because everyone else had one, or because the kid's father also had it done.

Otherwise when a baby is born, it would be regular to remove any unnecessary part like ear lobes, appendices, tonsils/adenoids, toenails (to prevent ingrowns), etc. Hell we could even remove nipples/breast tissue in babies to prevent future breast cancer.

The point is that we don't do those things unless it's medically indicated, and the parents agree that having the procedure done is in the best interest of the child.

[–]L0gic1o1 4 points5 points6 points 11 years ago (3 children) | Copy Link

Parents don't get to make the decision to cut off their daughter's clitoral hood

[+]tiqr -11 points-10 points-9 points 11 years ago (2 children) | Copy Link

Cutting off a daughter's clitoral hood is illegal. Circumcision is not.

The American Academy of Pediatrics recommends circumcision.. No one recommends FGM for medical reasons.

The two are ethically comparable because they both involve surgery performed on children before they are able to consent. The difference is that FGM has no clinical benefits, and is intended to harm the child. Circumcision has some clinical benefits and drawbacks, and intended to help the child.

[–]mikesteane 7 points8 points9 points 11 years ago (0 children) | Copy Link

Exactly the same argument apply for FGM as apply to MGM. Recently a survey in Africa intended to show that FGM in Africa correlates statistically with increased rates of HIV accidentally showed the opposite. The researchers then said, correctly, that the statistical correlation did not prove causation, even though the point of the research was to show that the correlation, expected to be in the opposite direction, did show causation.

The AAP is a trade union whose function is to defend the interests of its members. Its members are doctors who make some $400, 000, 000 annual out of this practice. Their carefully worded statement, intended to extract government funding for the practice, is not to be trusted.

[–]L0gic1o1 2 points3 points4 points 11 years ago (0 children) | Copy Link

MGM and FGM are justified with the same reasons and have the same outcome. The only difference is one victimizes women, the other men.

[–]somewhat_brave 5 points6 points7 points 11 years ago (0 children) | Copy Link

So wait for him to grow up then let him decide. There's no reason it has to be done while he is a child.

[–]chocoboat 4 points5 points6 points 11 years ago (0 children) | Copy Link

Do we allow parents to decide to give their children tattoos or piercings? Can a parent in America decide to make their daughter follow the practice of Chinese foot binding, or have their daughter undergo female genital mutilation?

"Parents can do whatever they want with their children" does not excuse any of that garbage here in the US. So why is there an exception being made for the penis?

[–]try_____another 0 points1 point2 points 11 years ago (0 children) | Copy Link

That's not universally true: in most if not all of Australia, parental consent cannot be meaningfully granted if the procedure is not beneficial (and cannot be withheld if it is essential - a weaker version of that is true in the US, too, if it is certainly life-saving). Without valid consent, the doctor is committing battery. In some states the question of benefit includes the social and religious effects (e.g. that the parents will convince their son that he is doomed to hell if they can't circumcise him), in others the benefit must be medical but only needs limited expert support, others require the procedure to be recommended by medical consensus (which means that non-therapeutic circumcision is probably illegal there if anyone were to bring a case).

In England, a child can request or refuse treatment under the age of 16 (even against the will of their parents) if they understand the nature of the proposed treatments and the consequences of options, with greater autonomy if their decision is the more-reccomended or less permanent one than would be made in the absence of their decision. This means a child could refuse non-therapeutic circumcision at a younger age than they could request it.

[–]chocoboat 26 points27 points28 points 11 years ago (11 children) | Copy Link

The woman signed a parenting plan, in court, whereby the son would be circumcised at the father's expense.

And this should be as legally valid as if I signed a contract that states "tigr must get a tattoo of a dick on his forehead".

No one has the right to decide body modification for another person.

[–]Diesel-66 -4 points-3 points-2 points 11 years ago (8 children) | Copy Link

Except you know, parents and legal guardians. Because they make those decisions all the time.

[–]chocoboat 3 points4 points5 points 11 years ago (7 children) | Copy Link

Wrong. Parents cannot choose to give their child medically unnecessary body modification. You cannot tattoo your child, or give your baby piercings, or have your daughter undergo female genital mutilation.

All other body modification is completely illegal to do to a child, and all of it is rightfully seen as "if you want it done, you can choose to do it yourself when you're an adult". But for some idiotic reason we make an exception for penis cutting.

[–][deleted] -2 points-1 points0 points 11 years ago (6 children) | Copy Link

give your baby piercings

Parents get their daughter's ears pierced all the time.

[–]chocoboat 2 points3 points4 points 11 years ago (5 children) | Copy Link

Not babies, and almost never without the daughter agreeing to do it.

[–][deleted] 0 points1 point2 points 11 years ago (3 children) | Copy Link

Not sure where you live but it is very common to see infants with pierced ears where I live (Hudson county NJ). See this link.

[–]chocoboat 2 points3 points4 points 11 years ago (2 children) | Copy Link

Well that's a new one on me. It seems insane to me that people are OK with body modification on infants of any kind.

[–][deleted] 1 point2 points3 points 11 years ago (1 child) | Copy Link

People are morons that basically just "do what is normal."

[–]chocoboat 2 points3 points4 points 11 years ago (0 children) | Copy Link

And that's why we have laws to curb the behavior of morons who think bad things are normal.

We don't allow FGM. We call Child Protective Services when parents insist that it's normal to feed their infant nothing but Mountain Dew and Doritos. Some parents say "my daddy whipped me with his belt until I was bleeding, and I turned out fine" but we don't allow parents to beat their children like that.

There should be a law against circumcision for the same reason. There's no excuse for it.

[+]tiqr -7 points-6 points-5 points 11 years ago (1 child) | Copy Link

No one has the right to decide body modification for another person.

They do if that person lacks the capacity to make decisions for themselves. The law doesn't recognize a child's right to make medical decisions until they are more mature.

[–]ezetemp 6 points7 points8 points 11 years ago (0 children) | Copy Link

Unless there's a medical issue it's not a medical decision. There are no medical benefits to circumcision that cannot be obtained through other means or that will become relevant until the child can make the decision for himself.

And frankly, tattooing a dick on a kids forehead is probably at least as effective in preventing them from getting HIV...

[–]L0gic1o1 4 points5 points6 points 11 years ago (0 children) | Copy Link

not especially problematic

Permanently damaging someone's body is one of the worst things you can do.

[–]wanked_in_space 11 points12 points13 points 11 years ago (2 children) | Copy Link

Fuck what dad wanted. Fuck what mom wanted.

Why don't we care what the kid wants?

[–][deleted] 2 points3 points4 points 11 years ago (0 children) | Copy Link

Why don't we care what the kid wants?

I think if the judge was on the fence for circumcision, this would be the call he/she would make. Unfortunately the US is very pro-circumcision and the judge most likely sees the mom as an insane whack job and 100% agrees with the dad. The judge would consider the boy brainwashed by his mother.

Karma is a bitch though. When the boy becomes an adult, the dad will have to live with his decision to circumcise his son. The boy could grow up not caring what happened to him, or might grow to resent his father to a point of not seeing him at all.

[+]tiqr -6 points-5 points-4 points 11 years ago (0 children) | Copy Link

The kid is very young, and isn't capable of making complex medical decisions. While I agree that circumcision isn't a complex medical decision (and I am against it), it's not a decision for a child to make for themselves. Informed consent is not possible for a minor.

[–]Cysioland 0 points1 point2 points 11 years ago (0 children) | Copy Link

That's why I'm extremely glad that here circumcision is just a Jewish thing and it's shunned by the society as having "peeled carrot".

[–]not---a---bot -5 points-4 points-3 points 11 years ago (2 children) | Copy Link

This hilariously misses the point. The child has a medical complication where there is blood in his urine and his foreskin doesn't retract. The article completely fails to mention this. Removing the foreskin would correct the issue, this is a valid medical reason for circumcision.

[–][deleted] 6 points7 points8 points 11 years ago (1 child) | Copy Link

A child's foreskin is not supposed to entirely retract. How does his foreskin produce blood in his urine?

[–]Griever114 2 points3 points4 points 11 years ago (0 children) | Copy Link

Exactly. Foreskin doesnt completely retract until PUBERTY.

[+][deleted] 11 years ago (3 children) | Copy Link

[permanently deleted]

[–]dellsharpie -1 points0 points1 point 11 years ago (2 children) | Copy Link

Are we going to start holding men who flee the country to avoid support payments now to the same standard. She got shafted and she put up much more of a fight than a vast majority of people with self-serving interests have, let alone the possibility of still serving time due to absconding with the child.

[+][deleted] 11 years ago* (1 child) | Copy Link

[permanently deleted]

[–]try_____another 0 points1 point2 points 11 years ago (0 children) | Copy Link

If she's imprisoned, wouldn't the father have a substantially better chance of getting full custody of the boy anyway, in which case he could go ahead with it. IF it would help, I'd agree with you.

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