Statutory Rape Victim Owes Child Support for Child He Never Knew Existed (VIDEO)

A 22-year-old Arizona man was astonished to find out that he was the father of a 6-year-old daughter he never knew existed. That's shocking enough. But then he got slapped with an order to pay $15,000 in back child support. And then it gets even worse. He reportedly fathered the child when he was only 14 years old. The child was a product of statutory rape that was committed against him by a 20-year-old woman. But because he'd never pressed charges and she was never found guilty of a crime, the state holds him legally accountable for the child support.

Nick Olivas, now 24, doesn't claim the sex wasn't consensual, but by law, anyone under 15 can't legally consent to sex, making it statutory rape. But at the time, Olivas was just a confused teen who had no idea about rape laws and merely separated from the woman at some point.

Eight years later, he was served with child support payment papers. That was the first he knew that the woman had had a baby and was claiming he was the father.

He says he panicked, ignored the paperwork, and never took a paternity test. Two years later, he says he owes $15,000 plus 10 percent interest.

Olivas is willing to pay child support going forward and wants to be part of the girl's life -- but says he doesn't feel responsible for what he did as a teen, nor should he have to pay for a child he didn't know existed.

He's right. Statutory rape is on the books for a reason. A 14-year-old wouldn't be able to fathom the huge responsibility that sex is. A kid that young doesn't understand, "Okay, if I have sex with this woman, I might end up with a child I need to support for 18 years." A kid that young wouldn't even be able to make a mature decision as to whether or not sex was even desirable or wanted. There's more to sex than just your hormones or what you may want in a moment of weakness or loneliness -- but a teen wouldn't know that.

An adult does know these things. That is why when an adult has sex with a child, it's wrong and taking advantage. That's why it's called rape. There doesn't have to be a weapon and physical force involved for it to be completely one-sided.

But since the woman was not found guilty of sexual assault, the state has a right to seek child support if the mother tries to get state financial assistance. Other states have ruled that way too.

But that basically says the rape victim knew the consequences of having sex and was partly responsible for what happened. And that is impossible.

Kudos to Olivas for wanting to help out his daughter from now on -- but at 14, he had no way of protecting himself against an adult who made a terrible decision for both of them. He shouldn't have to pay for that now.

Should he have to pay?

 

Image via Chris Brookes/Flickr

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AliPa... AliParker

It's a sad world when a man can have his child kept from him because of some "woman" but the courts are real quick to grab and manhandle his paychecks. He shouldn't be responsible for something that happened to him as a child like statutory rape. But as long as they can add another man to the child support system the country doesn't care.

nonmember avatar Jessa

A rapist can legally seek paternal rights in 38 states in this country! Also a man in Ohio faked his own death in order to skip on child support and now his 2 daughters are obligated to pay the 47,000 dollars they received over the years from social security!

nonmember avatar sarah

if this was the other way around the stir would be dripping blood right now..wrong is wrong but at least he trying to be a real man about it but sad the woman wasn't a real woman

the4m... the4mutts

Idk what the statue of limitation is for rape, but lets just think for a minute.

He found out about the girl when she was 6, and ignored the order. Why didn't he go fight it? He admits that he ignored the order for 2yrs, and THAT is why he is 15,000$ in debt.

The state didn't do the math. They're lazy that way. So it was up to him to inform them that he was a child, and she was an adult. And to not even get a paternity test? That's not very smart. What if it's not even his?

If the situation were reversed, and the minor was a girl, I would feel the same way if her former adult boyfriend found out she had a kid, and wanted rights.

It's up to US to fight for our own rights. We can't just expect the state to help us, if we don't tell them what's going on.

As a side note: not only is she a perv (what 20yr old wants a 14yr old? Gross) but it was SHITTY of her to keep the fact that he has a daughter a secret for 6yrs. She should have informed him immediately, and faced the consequences of her actions.

Eva8686 Eva8686

Did they do the paternity test? He may not have to owe her anything. If it turns out he does, he should only have to pay what he could have paid once he was 18, I doubt a 14 year old would have been able to pay child support and that is the womens fault for having sex with a 14 year old, they do need to take in account SOMEWHERE that he was 14 when it happened!! 

nonmember avatar Natalie

22 year old man - 6 year old daughter = 16 year old new father. I don't get the math here Kiri. So I will now read the link so I know the actual ages.

nonmember avatar Natalie

And I'm back to apologize. The linked article says the same. But he couldn't possibly have impregnated the woman at 14 and the daughter wasn't born until he was 16.

Amber Richardson

Does anyone else see a problem with this child rapist having a child? He needs to fight it and get custody because if she did it to him, whats to say she wont do it to another child

the4m... the4mutts

Natalie: he was 14, the daughter is 8 now. He found out when she was 6, and ignored it for 2yrs.

Hocke... HockeyMomNJ

I understand the need to be tough on child support laws, and there are a lot of deadbeat parents out there - but with certain things they've gone too far. Like the Bradley amendment - which states that you cannot reduce your child support retroactively for any reason. There was a case in the news last year of that dad who was in a bad car accident and was in a coma for awhile, and in really bad shape for a long while after that. He suffered brain damage in the accident. After he recovered, he found out he was behind in child support for some crazy amount. He found out the hard way about this amendment, and was even sent to jail.

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