When is it okay for a rape victim to be forced to pay child support?

Neanderthal Gangsta: Sounds shocking, but if you read the details, it actually makes sense.

Nick Olivas became a father at 14, a fact he wouldn't learn for eight years.

While in high school, Olivas had sex with a 20-year-old woman.

Arizona law says a child younger than 15 cannot consent with an adult under any circumstance, making Olivas a rape victim.

The two went their separate ways. Olivas, now 24, went to college and became a medical assistant.

Two years ago, the state served him with papers demanding child support. That's how he found out he had a then-6-year-old daughter.

http://www.usatoday.com/story/news/nation/2014/09/02/statutory-rape-victim-child-support/14953965/

Mint Chip: he's only technically a rape victim. he wasn't forced, and the girl needs support either way. or he could work out some sort of shared custody or whatever

also, LOL OMG!

Neanderthal Gangsta: heywsup, do you understand you're wrong in this case, or are you joking around?

legally, he cannot consent, which means he was forced.

Would your opinion be different if the girl was 14 and the man was 30? Even if the girl said that she was not forced, would you think he didn't rape her?

Mint Chip: i guess youre right. but what if they were both 14? i mean would he be responsible?

Neanderthal Gangsta:
I don't know if he would be responsible at that point, but if they were both 14 it wouldn't be rape.

I don't know if whether the person is raped or not is material to whether or who pays child support. Does anyone know?

Here's a hypothetical / academic question (not real folks), what if the girl is 14 and the man is 30. She is raped and impregnated. He gets convicted for 20 years, gets out in 8 on good behavior. The girl doesn't want the child, and he gets full custody. Since he's incarcerated, his mother takes temporary custody. When the rapist is released, hes' 38 and takes custody of the 8 year old child. He doesn't have a lot of money and it's difficult for him to make ends-meet. The girl is now 22 and is filthy rich (trust-fund baby). He wants her to pay child support, but she refuses. Does the fact that she was raped absolve her of the responsibility to pay child support? If you're going to answer, please have legal basis, not opinion, and keep emotions and OPINIONS out of it kthx.

ezraelliot: A woman having sex with a 14 year old either way is sick

Cailin Gaelach: In some U.S. states, lack of consent doesn't mean it was rape. There has to be the use or threat of force.

Ozymandias_: That is sick. He shouldn't be made to pay child support, the same way a female rape victim shouldn't be told she has to keep the baby.

It takes a man and a woman to make a baby. Sometimes there's one of the parties that doesn't want it. While it is the woman's body, if she makes the decision to have the baby when the father does not want it, it is obvious that he is giving up his parental rights and therefore should not have anything to do with the child, support or not. If the father agrees to keep the baby but the woman does not want it, then (if health permits, etc) she will sign her rights away to the father and have nothing to do with it after birth.

I hate to be "that person" but sometimes women have babies just to get money out of people. The government, men, whatever. I'm not saying that was this woman's case, but after 6 years I think it's a bit too late to suddenly say "you have to pay for this child now." I realize times are tough but I think women should be held more accountable for their child-bearing properties. It's not ALWAYS the man's fault the woman ends up pregnant. If you know a man does not want a child (especially a fucking 14 year old, come on) then you should either not have the child, make sure you are protected against pregnancy (yes, I realize accidents happen, beliefs, etc) or be prepared to raise the child on your own.

As for the whole rape victim thing, yes, that is legally rape. The guy said he was in a bad situation and felt taken advantage of. To me, this woman seems very manipulating. I think it is unfair, especially considering the age at which he helped conceive the child, for him to have to pay back child support and medical bills when he was only fucking 14 years old. I can almost understand if they only went back to the time when he would have been 18 and then charged him back child support for that. I don't think he should be held responsible unless he wants to be, especially considering the woman never even bothered to contact him, tell him she was pregnant, all of that, until he was 20 and the kid was 6. That's way too late to find out you have a kid. So yes, to me she seems extremely manipulative.

Anyways that's my opinion.

WillemDafoesJunk: He shouldn't have to pay. He is no less a victim because he is a male.

ezraelliot: Dafoe's junk speaks the truth

Neanderthal Gangsta: Can't you say that who gets to pay child support is independent of whether it's rape or not and who the victim is or not. Child support is about sharing responsibility for the child, now how the child was conceived.

LavenderKitty: Yesssss reallly realllyyyyyyy disturbing that this woman went there with a child. Sickkkk

LavenderKitty: She should be in jail. Right?

calybonos: Contraception is the woman's responsibility.

LavenderKitty: Its both peoples responsibility but the woman shoukd be extra diligent since she has to bare the consequence for 9 months.

PHRIENDLY_PREDATOR: I don't have any legal facts so hopefully my response is allowed.

I do wonder though if there is some precedent somewhere set on this type of case. I think that since Olivas was 14 at the time and it was statutory rape then that should absolve him. In addition, she became pregnant and raised the child several years without his knowledge. That alone should allow the idea of "past practice" as a valid argument if he does not want to help support the child.

While it is likely the statute of limitations has expired on this particular crime the child was conceived while a crime took place. He was not of legal age to give consent to the sexual act and then later on was not informed of the child to have been given the opportunity to choose to be involved or not. At that point when he had the original opportunity too choose involvement or not and he chose not to? Then perhaps she'd have a case for child support but since he was never given that opportunity to begin with, the established, past practice is that she raise the child on her own and not be entitled to support from him.

In other words, people in general should not be entitled to child support if springing a child on somebody randomly without informing them from the beginning to give them the opportunity to help support you from the beginning. When you do it this way you've made your decision, live with it.

It's clear she waited for the statute to run out before going after him. This woman needs a curb smiley.

Neanderthal Gangsta: Phran brings up an interesting point, which makes me wonder, independent of consent, perhaps for the same reason a minor cannot enter into a legally binding contract would be a reason why one can argue he's not responsible. Unless he was an emancipated minor.

somewherepurple: Why couldn't I find a 20 year old to bang me when I was 14. Damn. I was masturbating daily. Would have loved to have any woman help!!!

bainyu: I dont like reading crap like this. There are kids who actually get FORCED at a young age to have intercourse with older people. That is different than an idiot teen who says okay to sleeping with an idiot adult. The lady needs to go to jail and that baby should have been given for adoption. If I found out that at 20 years old mom had sex with my dad who was 14 i would see my dad as the victim and my mom as a rapist. I would refuse to live with my rapist mother.


If it was a 14 year old girl with a 20 year old man i would still think they were both dumb. At 14 you know its wrong. Yes your not fully developed mentally but you KNOW that you would get in trouble if someone found out. And in that case this case the guy should also go to jail for rape.

Neanderthal Gangsta: She's not convicted of rape, so unless child-protective services determines that she is an unfit mother, then you can't take the child away from her. And since he is the biological father, there's really no reason why he shouldn't have both part custody and part responsibility in the form of child-support payments.