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Arizona statutory rape victim forced to pay child support
Story here. Excerpt:
'Nick Olivas became a father at 14, a fact he wouldn't learn for eight years.
While in high school, Olivas had sex with a 20-year-old woman. As he sees it now, she took advantage of a lonely kid going through a rough patch at home.
State law says a child younger than 15 cannot consent with an adult under any circumstance, making Olivas a rape victim. But Olivas didn't press charges and says he didn't realize at the time that it was even something to consider.
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Then two years ago, the state served him with papers demanding child support. That's how he found out he had a then-6-year-old daughter.
"It was a shock," he said. "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."
He said he panicked, ignored the legal documents and never got the required paternity test. The state eventually tracked him down.
Olivas, a 24-year-old Phoenix resident, said he now owes about $15,000 in back child support and medical bills going back to the child's birth, plus 10 percent interest. The state seized money from his bank account and is now garnisheeing his wages at $380 a month.
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"Anything I do as an adult, I should be responsible for," he said. "But as a teenager? I don't think so."
Situations such as Olivas' are rare, according to fathers-rights advocates. But cases in several states have garnered attention. And while there has been some public outcry over charging a crime victim with child support, the courts have consistently said states have every right to do so.
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Feit said if the roles were reversed and the woman was the victim, the scenario would be unthinkable.
"The idea that a woman would have to send money to a man who raped her is absolutely off-the-charts ridiculous," he said. "It wouldn't be tolerated, and it shouldn't be tolerated."
Feit said the basic legal premise of a rape is that the victim can't be held responsible. And with statutory rape, even if the victim participates, he or she can't be held responsible.
"We're not going to hold him responsible for the sex act, so to then turn around and say we're going to hold him responsible for the child that resulted from that act is off-the-charts ridiculous," he said. "It makes no sense."'
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