Arizona statutory rape victim forced to pay child support


#1

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. As he sees it now, she took advantage of a lonely kid going through a rough patch at home.

State law says a child younger than 15 cannot consent with an adult under any circumstance, making Olivas a rape victim. But Olivas didn’t press charges and says he didn’t realize at the time that it was even something to consider.

MONTINI: Statutory rape victim paying child support? Come on …

The two went their separate ways. Olivas graduated from high school, went to college and became a medical assistant.

Then 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.

“It was a shock,” he said. “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 panicked, ignored the legal documents and never got the required paternity test. The state eventually tracked him down.

Olivas, a 24-year-old Phoenix resident, said he now owes about $15,000 in back child support and medical bills going back to the child’s birth, plus 10 percent interest. The state seized money from his bank account and is now garnisheeing his wages at $380 a month.

The rest of the article at azcentral.com/story/news/arizona/politics/2014/09/02/arizona-statutory-rape-victim-forced-pay-child-support/14951737/


#2

I really hate how rape victims get treated in this country, I really do.

This is up there with convicted rapists suing their victims for joint custody of children that resulted from the crime.

I really want to see large-scale federal reform of laws pertaining to children resulting from rape. Rape victims should not be held responsible for supporting a child resulting from rape, nor should rapists get to sue the women they harmed for custody. Those two things could be rolled into the same bill.


#3

This really is disturbing. The fact is, both the father and his daughter are victims of the crime of statutory rape. I think if a woman rapes an adolescent and becomes pregnant, if she ever seeks child support, she should be forced to open herself up to prosecution for statutory rape, regardless of how much time has passed. Really, she should be in jail, the father should be granted primary custody if he is willing and able, and if not, the child should go into foster care until the mother serves her sentence.


#4

:thumbsup:

It is rare that I agree with you 100%, but this time I do.


#5

I agree 100%.


#6

In total agreement with you on this one. I think it is 16 States that allow rapists to sue for joint custody? Add this to the list. Really disturbing.


#7

He stated:

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

I have an issue with this statement. Everyone should be responsible for all their actions. Sin has a real consequence and one’s age does not diminish that consequence. I have to agree with the court that he should pay for the raising of the only innocent party here, the child.

Prosecuting the woman is a separate issue and that too should occur.


#8

But the problem Herr is that kid was a victim of statutory rape. Even if we look at it from catholic perspective a woman who has been raped in not deemed to have committed a sin. This kid was the victim of a crime. Now the statement was not the best one and and this woman should have been prosecuted and apparently she wasn’t but still if the kid was the victim of a crime he shouldn’t be paying child support. In fact that child should not be with the mother either. The state should take the kid away from the mother.


#9

Rape and statutory rape are two separate acts. The very word “statutory” means that the young male was legally a victim of a crime. This in no way exonerates him morally. No one but God can know to what extent he choose to act. However, that this is not forcible rape means that it is at least possible that he bear moral responsibility.


#10

Well, the choice (as I understand the article) is not between the boy supporting his daughter or her going hungry, but between the boy supporting his daughter and the state supporting her. Also, I don’t think anyone should have to pay back child support for any time during which he didn’t know he was a father.

Just MHO, however.

–Jen


#11

It’s considered statutory rape because there is a question about a person that age being able to consent and the age difference would be a huge factor here. If they were the same age consent would be less of an issue and bet adoption would’ve been on the table as an option. The boy didn’t have that as an option. I don’t think he should have to pay support now or back support.


#12

:thumbsup:


#13

If Hillary Clinton were smart -

she would take up THIS guy’s “case” to counterbalance her ghastly abuse of a 13 year old rape victim years ago, that made such awful headlines for her.

“Hillary Takes Up Case of Rape Victim …”

has to be better than the " Teen Rape Victim: ’ I was smeared by Hillary …’ ones she got in June.

:hmmm: Hmm. She may not be an attorney anymore. Or is she? :shrug:


#14

I will agree with you on the back child support. However, I also think any father should be required to help financially with their child’s expense, even this one. In that, I agree with the court.


#15

You spoke of moral involvement of the teenaged boy in participating in this act. However, there’s a presumption under the law that minors cannot make valid contracts on their own. Nor can they vote. Nor can they drink alcohol or smoke cigarettes. Nor can they marry without a parent’s permission. Nor can they serve in the military. Nor are most of their crimes tried in adult courts. A lot of ways we presume that a minor is less responsible than an adult. Forcing a minor father to support the child when he is a victim of statutory rape forces a huge exception in that presumption. A victim is still a victim is still a victim and should not be made pay for the consequences of being a victim. That said, there’s been no prosecution in this case so I can see the logic of the child support order. However, in California there is a case where the mother was convicted of statutory rape, yet still collected child support from the father, which I think is really bad.

As a thought exercise, let’s imagine that a woman was raped and became pregnant as a result. Let’s imagine further that she is a woman of some means while the rapist doesn’t have much. Let’s imagine further that once the rapist serves his time, he decides he wants to get to know his child and requests partial custody along with child support. How would you feel about that? Was outrage the first thing that came to your mind? I should hope so … we don’t subject women to this indignity, why should we subject fathers to it?

Finally, this particular young man took an interest in his child, but he has not been allowed to see her, yet is still forced to pay child support. Now where’s the outrage about that? Recipients of child support checks shouldn’t be allowed to withhold visitation rights from the other parent, yet women who do this rarely get in trouble for it and can often ride out court orders in many jurisdictions.

Last thought: in statutory rape cases where the woman is convicted, the minor father should not be compelled to pay child support. The mother should be forced to give the child up for adoption. If we’re making this about the welfare of the child, the adoption gets the child out of the single parent situation and into a family situation so it would be better for the child’s long term prospects, not to mention better for the government that would have had to support the child. Have to remember the mother is going to prison for this. In short, women who seduce minor boys shouldn’t get anything positive out of it any more than men who seduce minor girls do. If the father wants to participate after all, that’s okay, but it shouldn’t be a legal requirement. My point of view is that the incentives against this conduct need to be lined up correctly.


#16

…I’m sorry, in a civilized country we do not make rape victims pay for the honor of being raped.

I am shocked, appealed and disgusted by the ruling. That pedophile should be behind bars, not looking to grab an easy buck!


#17

I also agree with you that this is unjust to a rape victim. I would add two considerations. First child support is due to every child. My solution would be that every child has the right to be supported by both parents. The second part is that the rapist should have to pay damages to the non-consentual parent that are more than sufficient to pay child support, even if it means the rapist has to live at a bare bones subsistence level until the child reaches adulthood or the full damages are paid, whichever comes last. If a rape victim cannot raise the child, that child should be adopted by one of the many two parent families waiting to adopt. A rapist should not even be considered for the role of custodial parent.


#18

The reason why people dont seem to treat adult women who have sex with under age men the same as adult men who have sex with underage females is simple…girls and boys, men and women, view sex in different ways, to a female, sex effects them more emotionally, they see it as something very special they are sharing with the guy, but men usually dont hold sex in the same light, alot of them just look at it as something that feels good and thats about where it ends, they dont get all emotional about it, or think its overly special. Males and females are different, no getting around that, never going to change either, so we cant really have the same exact laws applying to both sexes, when it effects the 2 completely different.

I would bet money this guy bragged back when it happened to his friends, this is typical male behavior when it comes to sex, look back in the 80s, it was every middle school boys dream to have sex with a hot teacher at school…all thanks to a van halen song, but the truth is the same, boys like sex and they like it because it feels good and thats it, girls, it means something to them, the first person they are with, will always be a special person in their lives, even when they are in their 50s and 60s, its more of an emotional connection versus just a physical act that happens to feel really good, Id go as far to say, most women probably get more out of the emotional side of sex compared to the physical aspect…that is just how women are, nothing wrong with that though.


#19

It might appear from some of what I’ve read the mother held off from identifying the now man as a father until the statute of limitations had run out so she could not be convicted of statutory rape.

The man should have no obligation at all. If she could not afford to keep the child she has a as a result of statutory rape she could have given the child up for adoption.

Mary.


#20

People may talk about it in this manner but those ideas are really outmoded. Sexual abuse of a boy by a woman will negatively effect the boy. How much will depend a lot on his age, the age difference, the severity, etc. Just in the cases I know about relationships with females of all ages becomes eroticized. The respect for women is diminished and women are more readily objectified.

I have a “theory” that everyone in Western society has been victimized by the sexualization of everything, media, clothing, etc. We are affected to one degree or another by this. How badly an individual is affected depends on a lot of things. Posters on this forum complain about how girls dress; you can blame the parents, but they’ve been affected, too. Unless every person is deliberate in acknowledging this and examines how this has affected him it won’t be easy to change the culture. You can see these effects if you think of a victim being groomed by an abuser, being shown sexual images that become more and more graphic. It warps how the victim sees their own sexuality.

To me this is obvious. So why wouldn’t a boy be affected negatively? The bragging and whatnot is just posturing. Heaven forbid a male not be thrilled with the sexual attention of a women…it might mean he’s, you know… gay.


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