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Arizona Statutory Rape victim must pay child support

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Arizona Statutory Rape victim must pay child support Empty Arizona Statutory Rape victim must pay child support

Post by Original Quill Thu Sep 04, 2014 4:48 am

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.

MONTINI: Statutory rape victim paying child support? Come on ...

The two went their separate ways. Olivas graduated from high school, went to college and became a medical assistant.

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.

He has become one of the state's 153,000 active child-support cases, according to the Arizona Department of Economic Security division of Child Support Services.

In May alone, payments were not made in 49 percent of those cases, according to the agency.

Olivas' fear has turned to frustration.

He wants to be in his daughter's life and is willing to pay child support going forward. But he doesn't think it's right for the state to charge him for fees incurred when he was still a child himself or for the years he didn't know the girl existed.

"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.

The most well-known case was of a Kansas boy who, at age 13, impregnated his 17-year-old baby-sitter. Under Kansas law, a child under the age of 15 is legally unable to consent to sex. The Kansas Supreme Court in 1993 ruled that he was liable for child support.

California issued a similar state court ruling a few years later in the case of a 15-year-old boy who had sex with a 34-year-old neighbor. In that case, the woman had been convicted of statutory rape.

In both cases, it was the state social-services agency that pursued the case after the mother sought public assistance.

"The Kansas court determined that the rape was irrelevant and that the child support was not owed to the rapist but rather to the child," said Mel Feit, director of the New York-based advocacy group the National Center for Men.

In Arizona, the Department of Economic Security oversees child--support enforcement. Its written policy is not to exempt situations like Olivas' from child-support responsibilities, unless the parent seeking child support has been found guilty of sexual assault with a minor or sexual assault.

"We don't see those cases very often, and we're really glad for that," said attorney Janet Sell, chief counsel with the Attorney General's Office's Child and Family Protection Division.

But DES officials said the intent of the rule is to ensure that the child, who had no control over the situation, is cared for.

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."

Arizona also has no exemption for children born to children, although the state cannot get a court order for child support against the non-custodial parent until that parent becomes an adult.

It also doesn't matter to the state whether the non-custodial parent knows about the child or not. Child support is a separate legal issue from custody.

The state requires parents seeking public assistance under the state's welfare programs to first pursue child support. The child-support payments then are used to help reimburse the state for assistance payments.

The state's child-support caseload includes 122,230 cases as of the end of May in which the families are or were receiving cash assistance. From April 2013 through March 2014, the state recouped just over $14 million in previously dispersed cash assistance through child-support payments.

"They have to comply with us," said Scott Lekan, DES child support operations administrator. "We're trying to keep them off the cash assistance, and we're trying to get back some of the cash assistance money. It benefits everybody at the end of the day."

The state has more routes than the courts to acquire money from a parent. It can garnishee wages up to 50 percent of disposable income. It can take a tax refund. It can put a lien on a home or a vehicle. It can suspend driver's licenses or revoke passports. And it can seize money out of bank accounts.

"Our biggest source of income is from income-withholding orders to employers," Lekan said.

Under Arizona's child-support formula, non-custodial parents may keep their first $903 to cover their own living expenses. A child-support payment amount is then set based on the remaining money.

Olivas is trying to fight some of the child-support costs, but says he can't afford a lawyer

He also is trying to see his daughter.

"I lost my mom at a young age. I know what it's like to only have one parent," he said. "I can't leave her out there. She deserves a dad."

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Post by veya_victaous Thu Sep 04, 2014 6:09 am

That is Crazy.
I can't believe Rape Victims are being force to pay child support for the product of a rape....


And Women STILL go on about not having Equal Rights or that Laws are Anti Women and don't take Female Victims seriously.... Male Rape Victims are LITERALLY being Punished....

http://www.buzzfeed.com/laraparker/things-no-one-tells-you-about-being-a-woman#4a8vgew

ARE more important Question is, Why the Mother, WHO IS A PAEDOPHILE, is allowed custody of a child.... That would be that Equality again Rolling Eyes
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Post by Ben Reilly Thu Sep 04, 2014 6:13 am

When laws don't make sense it's time to change the laws. Hopefully this poor young man's story will inspire some change ...
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Arizona Statutory Rape victim must pay child support Empty Re: Arizona Statutory Rape victim must pay child support

Post by Cass Thu Sep 04, 2014 2:48 pm

veya_victaous wrote:That is Crazy.
I can't believe Rape Victims are being force to pay child support for the product of a rape....


And Women STILL go on about not having Equal Rights or that Laws are Anti Women and don't take Female Victims seriously.... Male Rape Victims are LITERALLY being Punished....

http://www.buzzfeed.com/laraparker/things-no-one-tells-you-about-being-a-woman#4a8vgew

ARE more important Question is, Why the Mother, WHO IS A PAEDOPHILE, is allowed custody of a child.... That would be that Equality again Rolling Eyes

so when she filed papers for child support nobody bothered to look into her own crime even though his age was mentioned? not sure what the statute of limitations is in AZ but somebody needs to get on this.
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Post by Original Quill Thu Sep 04, 2014 5:38 pm

Cass wrote:
veya_victaous wrote:That is Crazy.
I can't believe Rape Victims are being force to pay child support for the product of a rape....


And Women STILL go on about not having Equal Rights or that Laws are Anti Women and don't take Female Victims seriously....   Male Rape Victims are LITERALLY being Punished....  

http://www.buzzfeed.com/laraparker/things-no-one-tells-you-about-being-a-woman#4a8vgew

ARE more important Question is, Why the Mother, WHO IS A PAEDOPHILE, is allowed custody of a child....  That would be that Equality again Rolling Eyes  

so when she filed papers for child support nobody bothered to look into her own crime even though his age was mentioned? not sure what the statute of limitations is in AZ but somebody needs to get on this.

Statute of limitation for what?  This is Arizona, conservative haven.  The same month/year that Debora LaFave was sentenced to an ankle bracelet for raping a 13-year old student, a male teacher in Prescott Arisona was sentenced to 70-years for fookin' a 17-year old girl.  Arizona is the rock bottom for American duplicity...that probably explains how the mother got child custody.

There is no law against filing for child support.  The mother didn't make the claim directly against the boy.  She filed at the local Department of Economic Services (DES) office for child benefits support.  The DES office approved the benefits because it is in the interests of the child (the standard) and the law requires it.  Then the DES turned around and went after the father, which is routine in benefits cases.  In all of this mix, the fact that the child was the product of a rape, and the father was the rape victim, was most likely deemed irrelevant.  In the absence of a law providing for such an contingency--it is not as remote as you might think--DES just went about business as usual.

This is the product of a lower-end state, bugged by LDS conservatism, making all the wrong assumptions...believing the profiles, and not the facts.  In point of fact, male rape happens in one-quarter of all rape cases.  Here.....

V Activ wrote:
The Hard Truth About Girl-on-Guy Rape


When a guy is "made to penetrate" a female, is it rape? Long-suffering male victims are turning to Reddit to break their silence
Author: Elizabeth Kulze
Posted: 10/30/13 15:31

Charlie woke up to a blank-faced girl straddling him. He had been disrobed, was erect, and as her hips began to shift in short, quick movements, he realized he was inside of her. Frozen with disbelief, Charlie laid still. He faked climaxing, hoping it would prompt her to dismount and leave the room. Eventually she did, but only after he rolled to his side and pretended to sleep.

The next morning Charlie wasn’t sure what to think. Had an underclassman he knew only by name really entered his dorm room and had her way with him as he slept? It all seemed so absurd, like the makings of an awkward wet dream. Except Charlie had zero interest in this girl. He had never spoken to her, kissed her or even tried to catch her eye. He felt neither lucky nor flattered, just extremely perturbed.

“The most traumatic part was the complete assumption of consent,” he tells me nearly two decades later. “I was physically revolted by the experience. It just felt so shockingly wrong.”

In a recent study, 1 in 6 male college students reported having been raped. (Corbis)

The concept of a woman forcing a man into a sex act can seem paradoxical, if not physiologically impossible. The assumption, likely shared by Charlie’s abuser, is that guys are always in the mood and an erection constitutes consent; but there’s a uniquely afflicted class of male victims who would strongly disagree. Lost in a cultural blind spot, they have been left to suffer in silence without resources and often without the empathy of family or friends.

According to the Center for Disease Control’s national survey on sexual violence, more than 5 million men in the United States have been “made to penetrate” someone else in their lifetime, whether by coercion, intimidation, or because they were incapacitated. In a largely overlooked study focusing exclusively on college males, 51.2 percent of participants reported experiencing a least one incident of sexual victimization, including unwanted sexual contact (21.7 percent), sexual coercion (12.4 percent) and rape (17.1 percent).  Of course, most men assume they’ll be ostracized for reporting such emasculating violations, so the real numbers are likely at lot higher.

Since that initial morning-after, Charlie tried his best to shrug off the whole thing. He was in college after all, a time when sexual encounters are habitually fleeting. But the more he replayed the story in his head, the more he realized it was actually wearing on him. “I didn’t really have the mental framework to encapsulate it as a violation at the time,” he says. “It was just a really invasive experience. All I could think was, How can I get this to end? How can I get this to end without hurting her?”

“Made to penetrate” cases are all the more complicated because of a man’s lack of autonomy over his own penis. “It was too late to tell her I wasn’t interested in having sex, because she was already having it with me,” Charlie says. “It was all so unexpected.” Just because a man gets hard doesn’t necessarily mean he’s enjoying it. As with female victims, sexual arousal can be involuntary. Even ejaculation in cases of male rape is often the result of a mechanical biological response—not a sign of hot-blooded desire.

Charlie and his abuser never spoke after the incident, and he says he spent the rest of his senior year in fear of the story getting out. He would see her whispering with her friends as they looked his way, and he grew paranoid by what she might say. “I had this worry that if anyone heard about it I would seem like a monster or a predator,” he says. “I was 20. She was 18. I was a guy. She was a girl. It was my understanding that only men can commit sex crimes, so pretty much anything would have been more believable than the truth.”

And he’s probably right. Of the 20,100 suspects arrested for forcible rape in 2010, less than 1 percent were female, a victim-perpetrator gender divide that’s all but cemented in public perception. Gender roles may have evolved in the years since Charlie’s ordeal, but our assumptions about who takes advantage of whom remain rigid, despite evidence to the contrary: A recent study of sexual violence found that women by age 18 were almost equally as likely as men to commit sexual abuse (at 48 percent and 52 percent, respectively).

It took Charlie, now a 41-year-old software developer, 15 years to start talking about what happened to him, and when he finally told a few friends their reactions went something like this: “Weird. I guess she thought you were hot.”

Reddit users, however, were more sympathetic: “Same boat as me brother,” wrote user Kuljika in response to Charlie’s confessional post. “Sleep-rape fistbump.” Forums like the often controversial Men’s Rights subreddit have become a haven for emotionally battered victims (and frustrated men in general). Like group therapy, it’s a place where they can share their stories anonymously and connect with others without feeling vulnerable. “It was really the first step towards healing for me,” says Ben, a 23-year-old male victim I spoke to who posted about his own nocturnal boner-turned-living-nightmare. “It’s good to know there are others out there.”

There are hundreds of threads dedicated to victims of female-on-male sexual abuse, many of which read like locker-room rap sessions, but with a little more empathy and advice: “Try and let go of that shit holding you back, I’m not saying it’s going to be easy,” “Good to hear that someone else has this problem” or “That’s rough. Do feel. Don’t suck it up.” Unfortunately, as with any subreddit, the conversation can get bogged down by extremists and in this case more than a few misogynists. “Some people use their experience as a crutch to hate women,” says Ben. But with few alternative resources, the Reddit community will have to do. “There’s not really another home for guys who want to talk about these things,” Charlie says. Though there are sites like MaleSurvivor.org and 1and6.org, female-on-male sexual abuse is still a marginal topic.

“It’s not like we’re infinitely powerful and women are Playdough,” says Jake. “Guys get hurt just as much. We’re just not allowed to show it.” (Corbis)

Male victims were actually excluded from the legal definition of rape until the Department of Justice updated it in 2012, 85 years after the fact. Even now, it only accounts for those men who were anally or orally raped by males. In other words, an ill-intentioned penis and a vulnerable orifice are imperative to a rape indictment. Similarly, the Oxford English Dictionary maintains that only “a man who commits rape” can be called a rapist. While quibbling over the semantics might seem petty, there are real implications, not only for victims, but also for the way statistics are influenced.

In the CDC’s national survey of sexual violence, for example, “made to penetrate” is not included as a form of rape. If it were, incidents of male rape would rise from 1 in 71 to a staggering 1 in 16 nationally (female rape is just under 1 in 5). The majority of the offenders of male victims would also be female.

The authors of the survey, which is sponsored by the Violence Against Women Act, maintain that being “made to penetrate” is a form of sexual victimization unique to males, and therefore independent of rape. As a consequence, “made to penetrate” cases seem less criminal, and certainly less provocative. In a situation like Charlie’s, the distinction appears to make sense: “Most people think of rape as a violent attempt to hurt another person. I don’t really know what was going through this girl’s head at the time, but I don’t think she was there to traumatize me. I guess she just wanted to have sex with me and assumed that’d be ok.”

Of course, for even the gentlest male sleep-rapist, “I assumed she’d be into it” doesn’t exactly fly in court. Consent reigns supreme, and to pursue a female without it is to invite culpability. In “made to penetrate” cases, the line is often far more ambiguous. Still, there are plenty of female aggressors who don’t leave much to interpretation.

“I didn’t call it rape at the time because it didn’t even occur to me that I could be raped,” says Ben, who agreed to speak with me over Skype. “All I knew was that what happened to me was not ok. It was a horrifying situation.”

Ben was sexually assaulted by an ex-girlfriend three years ago after she broke into his home in the middle of the night. Like Charlie, he woke up to his intruder sitting on top of him, his penis stiff and penetrating her.

“It was a uniquely violating experience because between morning wood and what she was doing to me, I couldn’t keep myself from getting hard,” he says. “I just felt completely helpless.”

Ben’s ex had been abusive throughout the relationship, both physically and verbally. She would often threaten suicide in order to force him to do various things, from abandoning his friends to pleasuring her. The night she broke into his house she had slashed up her legs in a fit of psychotic rage, screaming that she would kill herself if he didn’t satisfy her every wish. By morning there were bloodstains splattered across his sheets.

Just as with female victims of sexual violence, more than 1 in 4 men are abused at the hands of an intimate partner. According to the CDC, of the 5,451,000 who report having been “made to penetrate,” 45 percent were victimized by a current or former girlfriend, 45 percent by an acquaintance, and just 5 percent by a stranger. But while male abusers tend to achieve their ends through physical means, women often employ more psychological methods, like extortion: I’ll say you hit me. I’ll divorce you. I’ll kill myself. I’ll kill you.

Women also pursue their victims in situations when they’re more vulnerable, whether drunk, sleeping, sick, drugged or demoralized by psychological venom.

“When I realized what was happening I was paralyzed both mentally and physically,” Ben says. “She had convinced me that everything was my fault. That I was the one hurting her. It was awful. I just felt really alone.”

Ben’s ex also threatened to tell the authorities that he had raped her if he dared tell anyone about what had happened, a variation on an intimidation tactic commonly associated with male-on-female rape. Victims are often told, “No one will believe you.” However, only female abusers can say, “Not only won’t anyone believe you, but they’ll believe me because I am a woman. There’s proof that we had a sexual encounter, and I can use that against you.”

Even without diabolical exes to worry about, it’s pretty hard for the average American male to know how to process the mental shrapnel. Bro culture can exacerbate the feelings of denial and shame victims often experience—guys are told to man up, don’t be such a pussy, grow some balls—and in the end, they’re a lot less likely to seek help.

According to the CDC’s survey, men who have been victimized by an intimate partner experience poorer physical and mental health than those who haven’t. And recent studies of sexually victimized college males show increased instances of hostility, depression, substance abuse, sexual risk-taking behavior and its opposite, sexual dysfunction.

Arizona Statutory Rape victim must pay child support RapeCharts_CE_longterm4199382049

Jake, a 39-year-old video game developer, hasn’t had sex since he escaped a sadistic relationship two years ago. “Hell, I can’t even masturbate sometimes because I get too upset,” he wrote in a candid post on Reddit.

Like Ben, Jake’s girlfriend assaulted him verbally and physically, and she often refused to take no for an answer. “She extorted sex from me on multiple occasions and threatened to kick me out,” he says, in a conversation over Skype. “I felt really ashamed, but it wasn’t a situation that brute strength could have gotten me out of.”

Jake had also been abused as a child and had spent a lifetime trying to move past it, only to get derailed by someone he thought he could trust. Facing clinical depression and severe intimacy issues, he sought professional help, but couldn’t find a therapist who would take him at his word. “There was this overwhelming idea that because she was ‘giving me sex’ that I should be inherently grateful no matter what,” he says. “It was like people couldn’t see me as a human being who could in fact be hurt.”

Ben’s life went down hill too. He would wake up to get stoned and then drink himself to sleep, self-medicating in an effort to cope with his mounting anxiety. “The thing that really stood out to me was how little support there was and the amount of disbelief,” he says, noting that his current girlfriend was holding his hand “for moral support.” He eventually stopped bringing up the abuse altogether, even with the therapists he saw to deal the consequences. “It’s hard to speak about it openly without getting shamed,” he says.

Learning how to navigate relationships has been especially difficult. “It’s like you’ve got this siren going off that is drowning out all of your rational thoughts,” he says.  “All I can hear is, Be careful, protect yourself, she’s going to hurt you.” He also has trouble performing in bed and describes sex as something like “wandering a mine field,” always wary of the negative triggers it could set off.

Though Charlie’s symptoms were less severe, he says he’s “certainly less interested in sex than most men are” and tends to react strongly towards aggressive women. Recently, when a girl grabbed his crotch underneath a table, he jumped up and left.

“It was completely involuntary,” he says. “There were probably more graceful ways I could have handled it, but my body just did what it wanted to do.”


Last edited by Original Quill on Thu Sep 04, 2014 7:23 pm; edited 1 time in total

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Post by Raggamuffin Thu Sep 04, 2014 6:10 pm

Though Charlie’s symptoms were less severe, he says he’s “certainly less interested in sex than most men are” and tends to react strongly towards aggressive women. Recently, when a girl grabbed his crotch underneath a table, he jumped up and left.

Is that an unusual reaction then? I would have thought it was normal.
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Post by Original Quill Thu Sep 04, 2014 6:50 pm

Raggamuffin wrote:
Though Charlie’s symptoms were less severe, he says he’s “certainly less interested in sex than most men are” and tends to react strongly towards aggressive women. Recently, when a girl grabbed his crotch underneath a table, he jumped up and left.

Is that an unusual reaction then? I would have thought it was normal.

I agree.  Even I did a double-take when I read that.

But remember, this article was written by a woman.  And as much as I believe her heart is in the message, she may yet have some gynocentric misperceptions about men and sexual expectations. At least that's what I chalked it up to.

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Post by Guest Thu Sep 04, 2014 9:30 pm

Quill, could the young lad not sue the woman for the rape...to the cost of the child support?????
just a thought....

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Post by Raggamuffin Thu Sep 04, 2014 10:02 pm

victorisnotamused wrote:Quill, could the young lad not sue the woman for the rape...to the cost of the child support?????
just a thought....

I think the woman didn't ask him directly for child support, she applied for State help, and that's why he's been told to pay. A court wouldn't make her pay out of the child support.
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Post by Original Quill Thu Sep 04, 2014 10:14 pm

victorisnotamused wrote:Quill, could the young lad not sue the woman for the rape...to the cost of the child support?????
just a thought....

Well, yes. In the vein of cases like the one against OJ Simpson, a victim can sue a criminal for damages. But, first there is a problem with damages--how much could he expect to get from her? Off-sets with the woman will not work when the DES is the party that wants restitution. What kind of assets does she have? Second, there is the issue of fees. In America, it is lawful to enter into a contingency fee arrangement, but what lawyer is going to want a percentage of nothing? Cases like the the one Fred Goldmen brought against Simpson often have outside funding.

A civil case against the woman does not bring any pressure to bear on the State DES people. They are still shelling out real money to the woman, and obviously she doesn't have any to satisfy a judgment.

And frankly, I don't think the DES would even allow the woman to drop her claim for child welfare. The well-being of the child is at stake, and they would likely intervene or otherwise take her to court under a fiduciary theory. In addition, there may be statutes.


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Post by Original Quill Thu Sep 04, 2014 10:16 pm

Raggamuffin wrote:
victorisnotamused wrote:Quill, could the young lad not sue the woman for the rape...to the cost of the child support?????
just a thought....

I think the woman didn't ask him directly for child support, she applied for State help, and that's why he's been told to pay. A court wouldn't make her pay out of the child support.

Gd point...one I forgot.  The only money the woman has is child support.  Likely the DES would intervene and ask for a collateral order that the judgment, if any, not be satisfied with the child's money.

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