Statutory rape victim owes more than $15,000 in child support for daughter he fathere

steve knight

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This is just crazy.
http://www.rawstory.com/rs/2014/09/02/statutory-rape-victim-owes-more-than-15000-in-child-support-for-daughter-he-fathered-at-14/
An Arizona man owes more than $15,000 in child support payments for a daughter he fathered as a result of statutory rape.

Nick Olivas engaged in a sexual relationship with a 20-year-old woman while in high school, reported the Arizona Republic, but state law prohibits children younger than 15 to consent as an adult under any circumstances.

Olivas did not press charges at the time, saying he was unaware that was an option, and he lost touch with the woman – whom he believes took advantage of him.

The state served him with papers two years ago demanding child support for a 6-year-old daughter he fathered during the relationship.

“It was a shock,” said Olivas, who is now 24 and working as a medical assistant in Phoenix. “I was living my life and enjoying being young. To find out you have a 6-year-old? It’s unexplainable. It freaked me out.”

He said he ignored the legal documents and never submitted to the required paternity test, but eventually authorities tracked him down.

A court determined he owed back child support and medical bills, plus 10 percent interest.

The state seized money from his bank account and now garnishes about $380 from his wages each month.

Olivas said he wants to be part of his daughter’s life and pay child support going forward, but he doesn’t think it’s fair to make him pay for years when he was unaware the girl existed.

“Anything I do as an adult, I should be responsible for, but as a teenager? I don’t think so,” he said.

Courts have consistently found that states may order statutory rape victims to pay child support in similar – but rare – cases.

The Kansas Supreme Court ruled in 1993 that a 13-year-old boy who had impregnated his 17-year-old babysitter was liable for child support – although state law prohibits children younger than 15 from consenting to sex.

“The Kansas court determined that the rape was irrelevant and that the child support was not owed to the rapist but rather to the child,” said Mel Feit, director of the New York-based advocacy group the National Center for Men.

A California court ruled several years later that a 15-year-old boy must pay support for a child conceived with a 34-year-old neighbor who was convicted of statutory rape in the case.

State social-services agencies pursued each of those cases after the mother sought public assistance.
 

Southern Dad

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It's a pretty interesting case. However, the court that ordered the child support isn't looking at what is fair for the parent, willing or unwilling. They are looking at what is best for the child. The child is entitled to that money, which is paid to the custodial parent for the support of the child.
 

Meister

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One of those news articles where the numbers don't add up.
He is 24 now. Two years ago he was told he had a 6 year old child.
That means he was 16 and the woman was 20 when the "rape" happened.
 

chown33

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One of those news articles where the numbers don't add up.
He is 24 now. Two years ago he was told he had a 6 year old child.
That means he was 16 and the woman was 20 when the "rape" happened.
The difference could be due to cumulative rounding errors. It depends on when his birthday is, when the statutory rape occurred, when the child was born, etc. There's also a 9 month gestation period, nearly a year, between the coitus and the birth. I don't see that accounted for in your rough calculations. We also don't know if the coitus that caused the pregnancy happened while he was under age 15. It wasn't a single act, it was ongoing for a while, as I read it.

I see nothing reported that's so completely implausible it couldn't add up, given exact figures. Without those exact figures, it's just a guessing game.
 

steve knight

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Show me a teenage boy who wouldn't want to bang a 20 year old and I'll show you a liar ;)
yes a 14 year old show him what he has been spending way too much time imagining and he is going to loose control.
at least he wants to know the child hopefully he has has insisted on DNA testing.
 

Meister

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In my state, parents have a statutory duty to support their children regardless of the circumstances of conception. I have no issue with that.
same in germany. Even goes for sperm donors. That's why I couldn't imagine donating sperm here.
 

aerok

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In my state, parents have a statutory duty to support their children regardless of the circumstances of conception. I have no issue with that.
What if a 25 year old woman violently rapes a 12 year old and gives birth. Should the teenager still be responsible to pay child support?
 

chown33

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What if a 25 year old woman violently rapes a 12 year old and gives birth. Should the teenager still be responsible to pay child support?
It depends on what happens next.

From the article:
Olivas did not press charges at the time, saying he was unaware that was an option, and he lost touch with the woman – whom he believes took advantage of him.
...
Arizona’s Department of Economic Security requires child-support responsibilities unless the parent seeking support has been found guilty of sexual assault, saying the intent of the rule is to ensure children – who have no control over the circumstances of their birth – receive care.
Since Olivas didn't press charges, the woman (i.e. the parent seeking support) apparently wasn't found guilty of sexual assault. Without an actual conviction, Arizona DES doesn't seem to have any other legal option but to press him for child support.

In your hypothetical, if no charges are filed, and no conviction occurs, then what legal option does the State have but to follow the law?

Olivas might want to file charges now, assuming there's no statute of limitations on statutory rape. Even then, he'd need airtight arithmetic to show that the coital event which lead to the pregnancy occurred when he was underage. Plus he'd need a prosecutor that agreed to prosecute the case, since a civil case probably wouldn't cut it.
 

Plutonius

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I'm wondering why he can be asked to pay support for the period when he was a minor ? Wouldn't the court legally have to go after the parents for any of the support money for the period before he turned 18 ?
 

jkcerda

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play stupid games/win stupid prizes.

i was pretty basic with my son, if you won't make her your wife, then don't make her a mother, put rain coat on your soldier. strap on some latex or she gets your paychecks :D
 

Southern Dad

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There is no doubt that it is statutory rape. Has the statute of limitations expired? If not, the woman can still be prosecuted. It doesn't matter if the boy was willing. If he was below the age of consent, it is rape.
 

aerok

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It depends on what happens next.

From the article:
Olivas did not press charges at the time, saying he was unaware that was an option, and he lost touch with the woman – whom he believes took advantage of him.
...
Arizona’s Department of Economic Security requires child-support responsibilities unless the parent seeking support has been found guilty of sexual assault, saying the intent of the rule is to ensure children – who have no control over the circumstances of their birth – receive care.
Since Olivas didn't press charges, the woman (i.e. the parent seeking support) apparently wasn't found guilty of sexual assault. Without an actual conviction, Arizona DES doesn't seem to have any other legal option but to press him for child support.

In your hypothetical, if no charges are filed, and no conviction occurs, then what legal option does the State have but to follow the law?

Olivas might want to file charges now, assuming there's no statute of limitations on statutory rape. Even then, he'd need airtight arithmetic to show that the coital event which lead to the pregnancy occurred when he was underage. Plus he'd need a prosecutor that agreed to prosecute the case, since a civil case probably wouldn't cut it.
That was not my issue with his post

In my state, parents have a statutory duty to support their children regardless of the circumstances of conception. I have no issue with that.
He suggest that even if the person is charged, there should be child support paid.
 

chown33

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That was not my issue with his post



He suggest that even if the person is charged, there should be child support paid.
That was for Aspasia's state. The Arizona statute apparently differs, which is why I pointed it out, since it wasn't included in the OP's quoted part of the article.
 

aerok

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That was for Aspasia's state. The Arizona statute apparently differs, which is why I pointed it out, since it wasn't included in the OP's quoted part of the article.
I'm aware that it does not apply to Arizona, I'm just debating Asparia's opinion that he has no issues with parents having a statutory duty to support their children regardless of the circumstances of conception
 

aaronvan

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play stupid games/win stupid prizes.

i was pretty basic with my son, if you won't make her your wife, then don't make her a mother, put rain coat on your soldier. strap on some latex or she gets your paychecks :D
I remember when my Dad nervously took me aside to discuss the "facts of life."

I was sixteen. It was hard to keep straight face.

Poor Dad, he was doing his best, though.
 

shinji

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It depends on what happens next.

From the article:
Olivas did not press charges at the time, saying he was unaware that was an option, and he lost touch with the woman – whom he believes took advantage of him.
...
Arizona’s Department of Economic Security requires child-support responsibilities unless the parent seeking support has been found guilty of sexual assault, saying the intent of the rule is to ensure children – who have no control over the circumstances of their birth – receive care.
Since Olivas didn't press charges, the woman (i.e. the parent seeking support) apparently wasn't found guilty of sexual assault. Without an actual conviction, Arizona DES doesn't seem to have any other legal option but to press him for child support.

In your hypothetical, if no charges are filed, and no conviction occurs, then what legal option does the State have but to follow the law?

Olivas might want to file charges now, assuming there's no statute of limitations on statutory rape. Even then, he'd need airtight arithmetic to show that the coital event which lead to the pregnancy occurred when he was underage. Plus he'd need a prosecutor that agreed to prosecute the case, since a civil case probably wouldn't cut it.
Arizona has a 7 year statute of limitations for that crime http://blogs.findlaw.com/legalgrounds/2014/09/statutory-rape-victim-owes-child-support-for-kid-conceived-when-he-was-a-teen.html meaning she can't be charged with statutory rape at this point.

What convenient timing for the mother.