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

Discussion in 'Politics, Religion, Social Issues' started by steve knight, Sep 4, 2014.

  1. steve knight macrumors 68020

    steve knight

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    #1
    This is just crazy.
    http://www.rawstory.com/rs/2014/09/...child-support-for-daughter-he-fathered-at-14/
     
  2. Southern Dad macrumors 65816

    Southern Dad

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    #2
    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.
     
  3. Meister Suspended

    Meister

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    #3
    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.
     
  4. chown33 macrumors 604

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    #4
    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.
     
  5. Peace macrumors Core

    Peace

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    #5
    I'm going against the grain here I know.

    He was no more a victim than the 20 year old is now with his child.
     
  6. steve knight thread starter macrumors 68020

    steve knight

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    #6
    It's like when child services went after a sperm donor
     
  7. yg17 macrumors G5

    yg17

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    #7
    Show me a teenage boy who wouldn't want to bang a 20 year old and I'll show you a liar ;)
     
  8. aerok macrumors 65816

    aerok

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    #8
    Well apparently 1% of the population is asexual...
     
  9. steve knight thread starter macrumors 68020

    steve knight

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    #9
    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.
     
  10. Aspasia macrumors 65816

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    #10
    In my state, parents have a statutory duty to support their children regardless of the circumstances of conception. I have no issue with that.
     
  11. Meister Suspended

    Meister

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    #11
    same in germany. Even goes for sperm donors. That's why I couldn't imagine donating sperm here.
     
  12. aerok macrumors 65816

    aerok

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    #12
    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?
     
  13. dec. Suspended

    dec.

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    #13
    I preferred slightly older guys ;) .
     
  14. LIVEFRMNYC macrumors 603

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  15. chown33 macrumors 604

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    #15
    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.
     
  16. Plutonius macrumors 603

    Plutonius

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    #16
    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 ?
     
  17. jkcerda macrumors 6502

    jkcerda

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    #17
    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
     
  18. Southern Dad macrumors 65816

    Southern Dad

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    #18
    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.
     
  19. aerok macrumors 65816

    aerok

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    #19
    That was not my issue with his post

    He suggest that even if the person is charged, there should be child support paid.
     
  20. chown33 macrumors 604

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    #20
    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.
     
  21. aerok macrumors 65816

    aerok

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    #21
    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
     
  22. aaronvan Suspended

    aaronvan

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    #22
    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.
     
  23. noodlemanc macrumors regular

    noodlemanc

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    #23
    Would you think that if it was a girl under 15 having sex with a 20 year old man?
     
  24. Southern Dad macrumors 65816

    Southern Dad

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    #24
    5 plus 15 = 20... Five minutes with a 15 year old gets you 20 years
     
  25. shinji macrumors 65816

    shinji

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    #25
    Arizona has a 7 year statute of limitations for that crime http://blogs.findlaw.com/legalgroun...ort-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.
     

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