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Statutory rape victim reportedly forced to pay child support
q13fox ^

Posted on 09/02/2014 10:08:47 PM PDT by chessplayer

PHOENIX — A man who slept with a 20-year-old woman when he was 14 — and didn’t learn he was a father until eight years later — is now being forced to pay child support, the Arizona Republic reports.

Olivas, who said he was confused and going through a rough patch at that time of his life time, said the two went their separate ways after the encounter.

Arizona law says a child younger than 15 cannot consent to sexual relations with an adult under any circumstance.

All of it was put behind him, he thought, until two years ago he was served papers from the state demanding he pay child support.

(Excerpt) Read more at q13fox.com ...


TOPICS: Miscellaneous
KEYWORDS: blackiswhite; childabuse; childsupport; crime; familycourt; moralabsolutes; rape; statuatoryrape; statutoryrape
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To: chessplayer

“Thankfully, the money owed was determined to be due to the child, not the rapist.”

As I said in the other thread on this subject...

That’s not how it works. His child is six, so the money goes to her “parent” or “guardian”; which means the money goes to the woman who raped him, meaning the rapist.

She gets to spend it as she wants - on shoes, booze, drugs, or even clothes and toys for the child... but in my experience, not.

/bitter? you betcha


101 posted on 09/03/2014 1:14:10 PM PDT by ro_dreaming (Chesterton, 'Christianity has not been tried and found wanting. ItÂ’s been found hard and not tried')
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To: driftdiver

So you want to prosecute the mother. Fine. Give the girl to the Dad. Now he’s still financially responsible.

Unless the Dad doesn’t want her, and then she goes into state foster care. We all pay for it. And the child has a high risk of having a truly horrible experience.


102 posted on 09/03/2014 1:17:12 PM PDT by DannyTN
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To: driftdiver

Actually, wasn’t it a judge that ruled the father had to pay child support?


103 posted on 09/03/2014 1:17:44 PM PDT by DannyTN
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To: driftdiver

You responded to my post 91 which was to John Robinson. If you want to respond to my posts to you. Hit reply on my post to you. Not on my post to someone else.


104 posted on 09/03/2014 1:20:27 PM PDT by DannyTN
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To: driftdiver

He’s 20 years old, and he’s not “re-victimized” by having to support his own daughter.


105 posted on 09/03/2014 1:24:18 PM PDT by DannyTN
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To: DannyTN

Actually the child would not automatically go to the boy because he’s a child.

And you’re a troll


106 posted on 09/03/2014 1:24:33 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

He’s 20 years old now. Probably too late to prosecute her for the rape.

Had she been prosecuted for the rape at the time, the child would have either gone to the boy’s parents or into state foster care.


107 posted on 09/03/2014 1:30:46 PM PDT by DannyTN
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To: DannyTN

Rape is a felony right?


108 posted on 09/03/2014 1:33:48 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

In Az, statuatory rape in this case would have been a Class 2 felony with a presumptive sentence of 5 years and a “aggravated” sentence of 12.5 years. And coincidently or not the statue of limitations for a class 2 felony in Az is 7 years.


109 posted on 09/03/2014 1:48:55 PM PDT by DannyTN
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To: driftdiver

I think he has a pretty good case if he wants to take custody.
He can obviously prove she committed statuatory rape even though it can’t be prosecuted.

He could have her paying him child support if he wanted.


110 posted on 09/03/2014 1:50:37 PM PDT by DannyTN
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To: driftdiver

Of course, he’d have a stronger case if he manned up and started providing support and sued for custody as soon as he knew.


111 posted on 09/03/2014 1:51:28 PM PDT by DannyTN
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To: driftdiver
An argument could be made that the statue of limitations has not expired as the state wasn't aware of the felony, though a lawyer could probably argue that had the state excercised reasonable diligence they would have known.

"B. Except as otherwise provided in this section and section 28-672, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:"

112 posted on 09/03/2014 1:59:00 PM PDT by DannyTN
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To: DannyTN; driftdiver; John Robinson
"Of course, he’d have a stronger case if he manned up and started providing support and sued for custody as soon as he knew."

Wow. You're blaming the rape victim? Seriously? Would you really say the same thing about a female 14 year old rape victim?

113 posted on 09/03/2014 8:16:15 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: 2ndDivisionVet

Once she turned 20 and if she wanted custody, yes. But she would have known wouldn’t she. And she probably would have had custody all along. So it really doesn’t apply.

It’s not a matter of blame. THe girl is his biological daughter and therefore he is her dad and is responsible for her. The child support is not supposed to be a punishment for the father but support for the child.

Now we can argue whether child support is at the correct level. I’d argue it’s too high here, and probably too high in AZ too. But that’s beside the point of whether he should pay support for his daughter.


114 posted on 09/03/2014 9:28:41 PM PDT by DannyTN
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To: DannyTN

I can’t do this any more. For some reason I cannot get through to you what a travesty this all is. The state is making a child victim pay for a crime that was committed against him. How do you not see that? Unbelievable!


115 posted on 09/03/2014 9:30:53 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: 2ndDivisionVet

He’s not paying for a crime committed against him. He’s paying to support his daughter. That the daughter was the result of a crime does not matter.


116 posted on 09/03/2014 10:09:33 PM PDT by DannyTN
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To: DannyTN

YES IT DOES!! It’s the ONLY thing that matters! You cannot force a victim of a crime to pay restitution or maintenance based on the crime committed against them. That’d be like making the surviving Jews pay for the rebuilding of Germany! How can you not see this?!


117 posted on 09/03/2014 10:16:43 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: 2ndDivisionVet

No it would be like the Jews paying to relocate the Jews that were scattered around the world back to Israel. Which they do.

They take care of their own.

The daughter is his. He may not have asked for her, but she is his. That’s the only thing that matters. Not how she got here.


118 posted on 09/03/2014 10:35:01 PM PDT by DannyTN
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To: 2ndDivisionVet

He can take the attitude that he’s a victim and be bitter about it the rest of his life. Or he can say, WOW I have a daughter and I’m going to be her dad.

It sounds like it took him a couple of years, but he’s now taking the latter position.


119 posted on 09/03/2014 10:36:38 PM PDT by DannyTN
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To: DannyTN

Rape is rape, Whoopie! There is not one kind for girls and one kind for boys.


120 posted on 09/03/2014 10:49:37 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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