Only few couples know legal risks of shacking
By SUSAN FOHRMAN Kansan Staff Writer
Living out of wedlock is a hazardous proposition at best. How hazardous, most couples fail to realize.
Some students have been forced to clear out an apartment in half an hour . . . make up excuses for someone else's clothes being in their closet . . .
devise deceptive telephone warning routines—all to "keep their parents from worry."
Friends and roommates, in one way or another, become involved. Bitterness and resentment can result. Landlord problems are possible.
Most couples are painfully aware of these hazards. What they fail to realize are the legal pitfalls of their relationship.
This is the third of four articles on shacking-up at KU.
Kansas is one of the few states still recognizing common law marriages. Even in the briefest relationship, a woman can gain the status of a common law wife. Her "spouse" can be forced into formal divorce proceedings.
Harvey Berenson, assistant professor of law, said it is an old wive's tale that it takes seven years for a common law
marriage to be valid. "One night in a hotel (registered as Mr. and Mrs.) would be enough," he said.
By such an act, the couple agrees to marriage and cohabitation—if even for only one night—and establishes a relationship as man and wife by signing the register. These are the only criteria for common law marriage, Berenson said.
But there are additional legal pitfalls.
- Kansas statute 21-937 states that a person is guilty of a felony and can be sentenced to a term from one to five years in prison if he knowingly persuades, induces, entices or procures or assists in persuading a female for the purpose of prostitution, fornication or concubinage.
- Berenson said the success of persuading a girl to sleep with a man is enough to convict him. He added that it must be proven that the man persuaded the woman, and the fact that the girl consented is no defense. That she was persuaded is the crime
- A student who has sexual intercourse with a female under the age of 18 can face a sentence up to 5 years in prison for statutory rape.
- Berenson said it makes no difference if the girl consented.
- Statute 21-938 provides one to five year prison sentence for persons convicted of
"maintaining a house or other place of prostitution, fornication or concubinage, or where the same is practiced, permitted or allowed, on premises owned or leased by him or under his control. . . ."
Berenson said a girl can be convicted under this statute if she so much as cleans an apartment-her boyfriend's, for example—where any of these acts are practiced.
Mrs. Frances Ricks, assistant dean of women, said there are no regulations that say people can't live with a member of the opposite sex.
Donald K. Alderson, dean of men, echoed Mrs. Ricks's statement.
The University, he said, won't take disciplinary action in an off-campus "situation."
With a regularity bordering monotony, dozens of students repeated statements such as these:
- "Nobody criticized us. Nobody even took us over in a corner and tried to talk to us. Even people who believed it was wrong never showed that it bothered them."
- "My roommate asked me if I thought her shacking-up was wrong. I said 'it's your life. Lead it the way you want to.' I think as long as the relationship is bothering no one else it's alright."
KU's Naval Reserve Officers Training Corps (NROTC) will have its annual color ceremony and Ring Dance off campus this year.
Naval Review relocated
Originally scheduled for 6:30 p.m. tonight in front of Allen Field House, the color ceremony has been moved to the Naval Air Station at Olathe where it will begin at 5:30 p.m.
The Ring Dance, which was to have been held at 8 p.m. tomorrow in the Kansas Union Ballroom, has been moved to the National Guard Armory.
Officers of the KU Naval ROTC declined to give reasons for the moves, but it is assumed the new locations were selected after demonstrators tried to disrupt the annual Army ROTC inspection and review Tuesday in front of Allen Field House.
2 KANSAN May 2 1969
Only one student spoke out this way:
Margaret McCoy, Hiawatha, freshman, has been named the 1969 "Color Girl" by the midshipmen in the Naval ROTC honor company.
She will be presented during the review today and will reign over the dance tomorrow evening.
Music will be provided by the Pensacola, Florida, Naval Air Station Band.
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