Posted on 10/06/2006 10:39:31 AM PDT by kawaii
Child support request leads to rape arrest
Mother charged with statutory rape when Family Court realizes father was 13
By DON LEHMAN dlehman@poststar.com Thursday, October 5, 2006 10:46 PM EDT
WARRENSBURG A woman's desire to get child support payments from the father of her young child landed her in jail Thursday, police said.
The Warrensburg mother's trips to Warren County Family Court in recent weeks prompted court officials to investigate her claim further, allowing them to determine the person who fathered her child was 13 years old when he had sex with her, officials said.
That's statutory rape under state law, accusations that led to the arrest Thursday of Kimberly A. Baker, 22, of 22 Evergreen Lane, on a second-degree rape charge, according to the Warren County Sheriff's Department.
Baker's arrest came about five weeks after she filed petitions in Warren County Family Court seeking child support for her 2-year-old daughter, Julianna.
She identified the father as a 16-year-old boy whom she told the court she had sex with on two occasions in September 2003, when she was 19-1/2, authorities said.
The problem is the boy would have been 13-1/2 at that point, well younger than the state's age of legal consent of 17 for sexual relations. As part of the court proceedings, she gave a sworn affidavit admitting to having sex with the teen, officials said.
"But for her having made the application in Family Court, we never would have known about this," Warren County District Attorney Kate Hogan said. "It was such an unusual way to have a case come forward."
Baker's child was born June 14, 2004. A birth announcement that ran in The Post-Star the next day did not list a father.
The teen's name was not released, and he is being considered a victim in the case.
Hogan said the investigation began after Family Court Judge J. Timothy Breen referred the matter to her office and the Sheriff's Department.
Paulette Kershko, the court attorney for Warren County Family Court, said Breen had no comment on the case. She would not say whether either party in the Family Court case had a lawyer.
Baker was arraigned in Warrensburg Town Court and was sent to Warren County Jail for lack of $10,000 cash bail or $20,000 bail bond.
The arrest was made by sheriff's Investigator Edward Affinito.
Second-degree rape is punishable by up to 7 years in state prison.
The article doesnt say if he will be. Worth following the case to find out...
Wherre did she think a 13 year old would come up with enough money to pay child upport?
Aside from the obvious observation that she had no business having sex with a 13 yer old, there is something else to consider here.
A child doesn't have the capacity to enter into contracts. How can he be held accountable for child support?
That's probably why she waited to hit him up until he was 16.
Methinks she heard from her freinds she could get a cushy wellfare life subsidized by a one stand and didn't bother pondering whether the age of her victim mattered.
Other courts have already ruled that when women rape men and get prego, the man STILL has to pay child support. Even if he was sleeping when his "essense" was extracted! Case law exists. Unfair? Sure. Such victims are advised to ignore the judge, and just leave the United States for good.
I'm confused. Is there anyway she actually thought he was 16 when she had sex with him? Like, did he come across as older or say he was older?
As far as I can tell no, there's no way she beleived that.
I suspect in fact that given its 19 and 13 she was his babysitter.
(How many 19 year olds would confuse a seventh grader for a 10th grader anyway?)
First off let me say, that this may be exactly what they say it is. However, a lot of kids now days look a lot older than their age. And I wouldn't put it past a horny teen who wants to be with an older girl from lying. I just found it strange that she put his age down on the form when it is something so easy to verify. Maybe she thought she was waiting until he was 18. Just thoughts.
Maybe when he put on his make-up he looked 16.
This has happened before. There was a case in Kansas where a 13-year-old boy was molested by his 17-year-old babysitter, but he (i.e. his parents) had to pay child support for the resulting baby. This was upheld on appeal. I believe there is also case law in California requiring minor boys to support the children of their adult female lovers.
-ccm
THe situation of the father is irrelevant. He will have to pay because the family courts rule that it would be armful to his children if they did not have financial support. "It's for the children" and, it seems, fathers are to be punished, even if it was an abused child that's the father. And if he doesn't pay, he can go to jail until child support is caught up. Stupid, stupid laws.
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