Robbie Gould's Denial of Paternity

This article is part of a series about the relationship of Robbie Gould and Penny Johnson. The previous articles were:

Why Penny and Robbie Risked Pregnancy, Part 1

Why Penny and Robbie Risked Pregnancy, Part 2

The Movie's Violators of Going-Steady Rules

Robbie's View of Penny as His Potential Wife

"Going Steady" versus "Going Slumming"

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Penny and Robbie met when they began their summer jobs at Kellerman's resort hotel in June 1963. They soon began going steady, and by the end June their sexual relationship had advanced to home base. They had sexual intercourse with a condom. Then they progressed to having sex without a condom when she figured she could not get pregnant and he promised to withdraw before ejaculating.

Before Penny realized that she had become pregnant, she and Robbie broke up, mostly at his initiative. He had come to think that he should and could marry a woman who was more intellectual and high-class.

The Dirty Dancing story takes place from August 10 through September 2. On one of the first of those days, Penny figures out -- because of nausea and a missed menstrual period -- that she has become pregnant.

Now more than a month after they have broken up, Penny informs Robbie about her pregnancy. Because she wants to pursue her dancing career, she wants to get an illegal abortion. Robbie refuses to help her pay for it, arguing that she must have become pregnant from another man. Although this conversation between Penny and Robbie takes place during the movie's story, it is not shown or described in the movie.

Penny's view of Robbie's denial of paternity

Robbie's view of Penny's accusation of paternity

When confronted by Baby Houseman, Robbie explains:

I didn't blow a summer hauling bagels just to bail out some chick who probably slept with every guy here.

At the movie's end, Robbie tells Jake:

You know with girls like that -- they're liable to pin it on any guy around.

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Of course, Robbie does not know for sure that Penny became pregnant with another man. During the weeks following their breakup, they avoided each other, so he was not informed directly about her activities and relationships. If she impulsively and quickly had a rebound sexual affair with another man, Robbie apparently does not know that other man's identity. However, Robbie does observe:  

* As a dance instructor, Penny dances with many of the hotel's male guests.

* Penny does "dirty dancing" with her fellow employees in the bunkhouse.

* Penny seems to have a romantic relationship with Johnny Castle.

Penny tells Johnny Castle and Bobby Kostecki that she knew she had become pregnant from Robbie. They had known Penny since childhood, and they believe her. Penny also tells Baby that, "I don't sleep around". Therefore, despite Robbie's insinuations that Penny is sexually promiscuous, the movie audience believes firmly that Penny could have become pregnant only with Robbie.

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Of course, Robbie realizes that he himself might have made Penny pregnant. After all, they did have sexual intercourse, sometimes without a condom. He thinks further that he indeed might be the only man who had sexual intercourse with her during that summer. However, Robbie delays taking action because of the following possibilities:

* Penny's pregnancy might end in a miscarriage.

* Some other man might admit to causing the pregnancy.

* Penny might fall in love with another man who promises to marry her and adopt her child.

* Penny herself might pay for her abortion.

* Someone else might pay for the abortion (this is what happened).

In fact, the resolution of Penny's pregnancy turns out to be that Baby Houseman pays for her abortion. If Baby had not paid for the abortion, then Robbie himself might have paid for it eventually.

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Let's suppose, however, that Baby is not able to pay for the abortion and that Penny's pregnancy continues to childbirth. Then the situation might develop in various ways.

* Robbie and Penny reconcile, marry and raise their child.

* Penny gives the baby up for adoption.

* Penny marries another man, who adopts the child.

* Penny raises the child at her own expense as a single mother.

* Robbie acknowledges his paternity and pays child support voluntarily.

* Penny sues Robbie to compel him to pay child support.

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Although Robbie might continue to contest his paternity, Penny might sue him to prove his paternity in court. If she prevailed, then the court would order him to pay support until the child becomes an adult.

In 1963, paternity could not be proved conclusively with scientific tests. An article titled History of DNA Testing summarizes the state of scientific proof through the 1960s:

In the early 1920’s, scientists identified four different blood types in humans – A, AB, B, and O – based on the presence of certain proteins called antigens in the blood. The blood typing system, called the ABO system, provided physicians with critical information about their patients, allowing them to safely perform medical procedures like blood transfusions by matching the blood types of donor and recipient.

Scientists realized that blood types were inherited biologically and could predict the blood type of the child based on the biological parent’s blood type. Conversely, if one of the parent’s blood types was unknown, one could use the blood type of the child and the known parent to identify the missing parent’s blood type.

However since the information from blood typing is limited, it was difficult to conclusively identify biological relationships. For example, if a child had Type A blood and the child’s mother had Type AB, the child’s biological father could have any one of the four blood types. Thus, in this example, no man could be excluded as the child’s biological father. The power of exclusion, the ability to exclude a falsely accused alleged father, for ABO blood testing is about 30%, and not useful for routine paternity testing.

In the 1930’s, scientists discovered other proteins on the surface of blood cells that could be used for identifying people. The Rh, Kell, and Duffy blood group systems, like the ABO blood system, were based on the presence of specific antigens that are biologically inherited and provided additional power, along with ABO, to resolve questioned biological relationships.

However, serological testing is not conclusive for resolving question biological relationships. The power of exclusion for serological testing is 40%, meaning this technique alone, like ABO, is not effective in resolving questioned biological relationships.

Scientific testing could not prove conclusively that Robbie was the father, but might prove conclusively that he was not the father. If the child's blood type did not match Robbie's and Penny's blood types according to the following table, then Robbie's non-paternity would be proved scientifically.

The child's possible blood type is limited
by the mother's and father's blood types.

For example, if both Penny and Robbie have type O and the child has type A, then Robbie is exonerated. The biological father must have either type A or AB.

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Let's suppose that the scientific tests do not exclude Robbie as the biological father. For example, Penny and Robbie and the child all have type O. Therefore, the biological father might be Robbie -- and still might be another man with type O.

In such a case, the legal decision would be based on an evaluation of other evidence, such as the testimonies of Penny, Robbie and other witnesses. There might also be other evidence, such as photographs and love letters, that indicate at least a romantic relationship between Penny and Robbie at the time of conception.

In such a case, Robbie might lie to the court that he never engaged in any sexual intercourse with Penny. Then it would be his word against her word. Since she bears the burden of proof, the court might rule against her mere testimony as inadequate.

Just as Robbie might be willing to lie to the court, supporters of Penny might be willing to lie likewise. For example, Billy Kostecki might testify falsely that he peeked through a cabin window and saw Robbie and Penny having sexual intercourse and that later Robbie bragged to him that the sexual intercourse indeed happened. Such false testimony from Billie and other friends of Penny might satisfy the court that Penny did provide the burden of proof.

Of course, Robbie's own friends might testify likewise that that they personally saw Penny having sexual intercourse with Johnny or some other man.

The court would have to evaluate all this testimony -- and other evidence such as photographs and love letters -- to decide whether Penny provided the burden of proof to declare Robbie's paternity and to compel him to pay child support.

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In general, Robbie faced a complicated situation with enormous risks to his reputation, finances and medical status. His simply not taking action was a reasonable strategy for a while, because the problem might resolve itself completely or at least partially during the coming weeks.

In the meantime, he insinuated to people around him that he was not the only man who had had sexual intercourse with Penny in recent months. By doing so, Robbie was fishing for information and allies. A fellow employee might provide him new information about Penny's sexual activities and might be willing to testify in a future paternity trial.

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My next two articles in this series about the relationship between Penny and Robbie will be titled:

* Penny's and Robbie's Prospects in a Paternity Trial

* Penny's and Robbie's Prospects in a Reconciliation