When Noemi applied for state medical assistance for her daughter, she was asked to name the father, and the state requested child support from him. Five months after Noemi gave birth, her attacker began demanding regularly scheduled visits with his biological daughter.
The fact the original charge was bargained down and that the court gave the man visitation rights suggests considerable ambiguity in the circumstances. There is no indication in the story whether force was used, what her age was except that she was a teenager, whether she was sober, etc. My guess is that this encounter may have been statutory rape or otherwise fell somewhere in the broad gray area.
And on second thought: the “rapist” was a coworker but Noemi didn’t name him until she wanted child support. This suggests that she didn’t go to the police at the time of the sexual encounter, and indeed didn’t go until after the child was born, at which point she was seeking child support. Nor does the story make clear whether she sought child support before or after the father demanded visitation rights. Something does not add up here.
You have to read between the lines - but when she claims she “had no idea what sex really was” the picture becomes clear. In 2011 she would have been 13!