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mfcorey1

(11,135 posts) Wed Sep 3, 2014, 08:39 AM Sep 2014

Statutory rape victim forced to pay child support [View all]

A Phoenix man who had sex with a 20-year-old woman at the age of 14 now owes thousands of dollars in back child support for a child he never knew existed.

Nick Olivas became a father in 2006 — a fact he didn’t learn until two years ago when the state served him with papers demanding child support.

“It was a shock,” he told The Arizona Republic. “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.”

Mr. Olivas said he panicked and never responded to the papers demanding he take a paternity test. The state eventually tracked him down and seized money from his bank account and is now garnisheeing his wages, The Republic reported.

The father owes at least $15,000 plus interest in back child support and medical bills going back to the child’s birth, the newspaper said.

Mr. Olivas says he is a victim of statutory rape and was taken advantage of at age 14 by a 20-year-old woman. State law says a child younger than 15 cannot consent with an adult under any circumstance. Mr. Olivas said he never pressed charges against the woman.

http://www.washingtontimes.com/news/2014/sep/2/statutory-rape-victim-forced-pay-child-support/#ixzz3CCzwEEVW
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Statutory rape victim forced to pay child support [View all] mfcorey1 Sep 2014 OP

rape victims are almost always forced to bear the brunt of the costs associated geek tragedy Sep 2014 #1

It is not unjust, because the support is the right of the child's. He should have answered the msanthrope Sep 2014 #4

in the case where society did not protect a child, society ought to foot the bill nt geek tragedy Sep 2014 #6

An argument he can no longer make because he didn't answer the court papers. Look, I think he's msanthrope Sep 2014 #8

when he was still a legal minor? nt geek tragedy Sep 2014 #9

22. He was served with papers at age 22. nt msanthrope Sep 2014 #12

he was actually 20 when served. geek tragedy Sep 2014 #14

I think you are right...20, so he had until 22 to contest. I think he's in a bad situation, and I msanthrope Sep 2014 #18

also note that the state is seeking money to compensate itself, not provide for geek tragedy Sep 2014 #20

Well, the state is attempting a double garnish....taking current support and arrearages. That's msanthrope Sep 2014 #23

I bet some days it sucks to be a lawyer. Nuclear Unicorn Sep 2014 #27

It sucks when people mistake my stating what the law is for my approval of what the law is. msanthrope Sep 2014 #30

If there were more lawyers like you Nuclear Unicorn Sep 2014 #31

Thank you for the compliment. It means a lot to me on a forum where I am not popular. nt msanthrope Sep 2014 #34

And I hope you understand I wasn't jumping on your case about the *law*, but about.... moriah Sep 2014 #107

No...I took no offense at all. nt msanthrope Sep 2014 #108

victim blaming AngryAmish Sep 2014 #10

I'm not blaming him for his rape. But when you are 22 and served with court papers, you need to do msanthrope Sep 2014 #13

yet you do feel entitled to assign blame AngryAmish Sep 2014 #16

I think the woman in question is the one to blame for the rape. But as to being served with msanthrope Sep 2014 #21

And maybe, just make, the trauma of that time being thrust back into his face was too much for him? moriah Sep 2014 #84

I agree completely, but the law doesn't work that way. nt msanthrope Sep 2014 #105

At 14 he was too young to give informed consent to buy a car. lumberjack_jeff Sep 2014 #25

At 14, he procreated. The state simply does not care how or why he did, because the state msanthrope Sep 2014 #28

The rights of which child? lumberjack_jeff Sep 2014 #38

The daughter. Her rights to child support are not vitiated by who her parents are. msanthrope Sep 2014 #40

Presuming the child is his dsc Sep 2014 #19

Paternity test is part of the process of establishing parentage and assigning support. It serves as msanthrope Sep 2014 #22

conceeding that it is never a good idea not to answer legal papers dsc Sep 2014 #69

Rape victim blaming? TransitJohn Sep 2014 #74

Hardly. nt msanthrope Sep 2014 #106

The right of a rape victim to pursue charges, or not, is entirely THEIRS. moriah Sep 2014 #83

Hopefully he can still press charges? djean111 Sep 2014 #2

Yes, he can. There's no statute of limitations. Xithras Sep 2014 #35

There may actually be another law that would cover this TorchTheWitch Sep 2014 #82

It seems like it would be advantageous to him to take the paternity test davidpdx Sep 2014 #102

What is the statute of limitations? gollygee Sep 2014 #3

Death. Xithras Sep 2014 #36

Here's a link that isn't connected to the Moonie-owned Washington Times justiceischeap Sep 2014 #5

That article makes the right point I think gollygee Sep 2014 #7

I can see both sides justiceischeap Sep 2014 #11

I think this is an exception gollygee Sep 2014 #15

I agree on all counts justiceischeap Sep 2014 #24

+1 n/t Gormy Cuss Sep 2014 #26

He sounds like a stand-up guy Warpy Sep 2014 #79

Just as disgraceful as rapists being granted visitation rights (nt) Nye Bevan Sep 2014 #17

Victim of statutory rape that results in a pregnancy should get full custody at their option and... stevenleser Sep 2014 #29

Good point. The state has awarded custody to an admitted sex offender. n/t lumberjack_jeff Sep 2014 #39

Do you mean it hasn't been revoked? loyalsister Sep 2014 #44

Conviction as a sex offender should be grounds for revocation of custody. Do you agree? n/t lumberjack_jeff Sep 2014 #45

I do agree loyalsister Sep 2014 #64

Either way, the rapist should have to go to jail. Jamastiene Sep 2014 #57

I agree. And the timeline in this case should be indisputably damning. stevenleser Sep 2014 #58

that is some utter bullshit. La Lioness Priyanka Sep 2014 #32

I'm all about making deadbeat parents pay for their children. Sheldon Cooper Sep 2014 #33

He should have reported the abuse. dilby Sep 2014 #37

Wow. Switch genders and you would get excoriated here. joeglow3 Sep 2014 #41

He can still report the abuse but he doesn't. dilby Sep 2014 #42

Are you claiming every woman on DU who was raped and didn't report it really enjoyed it??? joeglow3 Sep 2014 #47

So he doesn't want to pay support because he was raped but doesn't want to report the rape dilby Sep 2014 #50

Again change the genders here and you would be roasted on an open spit for this dsc Sep 2014 #54

If a 14 year old girl was raped and had a baby but did not want to report her rapist to autorities dilby Sep 2014 #55

Have you ever been raped? Sheldon Cooper Sep 2014 #56

What a tasteless question to ask.............. thelordofhell Sep 2014 #81

Tough cookies for you then, isn't it? Sheldon Cooper Sep 2014 #88

No not really........... thelordofhell Sep 2014 #93

Nope. Sheldon Cooper Sep 2014 #95

I agree with you. It would be tasteless under nearly any other circumstance. nomorenomore08 Sep 2014 #101

It's not an unfair question........but it should have been worded differently thelordofhell Sep 2014 #110

Yes I noticed the original post was tasteless thelordofhell Sep 2014 #109

This is a horrible position to take. Behind the Aegis Sep 2014 #87

I went to the authorities. They did nothing. But even if I hadn't went.... moriah Sep 2014 #97

It is very common for rape victims to not tell the authorities gollygee Sep 2014 #100

If a 14 year old girl was raped and had a baby but did not want to report her rapist to authorities S_B_Jackson Sep 2014 #103

He was 14 when it happened kcr Sep 2014 #80

But what if he said he was 18 at the time? Art_from_Ark Sep 2014 #86

That's irrelevant. Behind the Aegis Sep 2014 #89

What if he had a fake ID that said he was 18? Art_from_Ark Sep 2014 #91

But we don't know that he did. He was 14. Behind the Aegis Sep 2014 #92

It makes absolutely no difference gollygee Sep 2014 #99

As someone else already responded, it doesn't matter kcr Sep 2014 #104

Results Lancero Sep 2014 #66

So, say a rape victim "did everything right", and her attacker still went free. moriah Sep 2014 #94

Jury results... alp227 Sep 2014 #59

That is so horrible. KitSileya Sep 2014 #62

Un-freaking-believable joeglow3 Sep 2014 #71

Who knows, right wingers are probably randomly voting "leave it alone" in a plot to make DU suck! nt alp227 Sep 2014 #72

That was my first thought as well nt. joeglow3 Sep 2014 #73

"Just an opinion? SERIOUSLY? Even denigrating rape victims isn't enough???" TransitJohn Sep 2014 #76

Rape is rape. A rape victim is a rape victim. alp227 Sep 2014 #77

Oh I know, and agree. TransitJohn Sep 2014 #78

There are plenty of people who do the same thing to female rape victims at DU gollygee Sep 2014 #98

He was a minor. No such thing as "consent". n/m ProudToBeBlueInRhody Sep 2014 #43

There have been posts on subjects like this before treestar Sep 2014 #48

It was rape. It is disgraceful for you to use the word "consensual". (nt) Nye Bevan Sep 2014 #51

Children are not able to consent. KitSileya Sep 2014 #61

He was mercuryblues Sep 2014 #67

Abuse and rape are never consensual. Starry Messenger Sep 2014 #68

Rape victim blaming? TransitJohn Sep 2014 #75

Why the fuck do people think that they should have the right... moriah Sep 2014 #85

plus fucking ONE THOUSAND! Behind the Aegis Sep 2014 #90

Where in the US is sex with a 14-year-old consensual? moriah Sep 2014 #96

Is he even liable for child support from the child's birth? treestar Sep 2014 #46

Apparently not until age 18. There is so much nonsense in these policies its ridiculous. stevenleser Sep 2014 #49

While I understand your position... Whiskeytide Sep 2014 #52

It's never best interests of the child to have their custody given to a rapist. That part's easy. stevenleser Sep 2014 #53

He ought to charge her with statutory rape and sue for sole custody. rocktivity Sep 2014 #60

Good luck in that in a society that would laugh in his face. chrisa Sep 2014 #111

Amazing how many people say the 14 year old boy "consented" davidn3600 Sep 2014 #63

i do. especially in how this is sinking, too. NuttyFluffers Sep 2014 #65

I don't think seeking child support is the right thing to do. Ilsa Sep 2014 #70