"Wasn't there a conscious assumption of risk here?" Dr. Phil asks Matt.

 

"No. When she assured me there was no physically possible way that she could become pregnant, I took her at her word. I trusted her," he says.

 

"Are you saying that you have no responsibility in this whatsoever?" Dr. Phil inquires.

 

"I don't feel that I do. I was very forthright with her," Matt says.

 

Asked for his thoughts, Jeff says, "I am arguing in legal terms. It has never been attacked constitutionally. There have been cases throughout the country for fraud and reproductive fraud, but we're attacking, just really saying that the law treats men and woman differently and it shouldn't, and it's unconstitutional and illegal."

 

"It seems to me that there were two choice points here. One is the choice to have sex consensually, and the second was what to do with the result of that once there was pregnancy," Dr. Phil says to Matt. "You are saying you didn't get the second choice point?"

 

"That is correct," Matt replies.

 

Mel interjects his thoughts. "I am not sure that they had consensual sex," he says. "He told her, 'I don't want to be a father.' She had to know somewhere in her heart that if there was a pregnancy, she might want to bring the child to term and require him to be a father."

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