San Luis Obispo, CA–In my recent blog post Court Rules Boy Must Pay Child Support to His Rapist, I discussed a new Ohio case where a 15-year-old boy who was statutorily raped is being forced to pay child support to his rapist.
There are other, similar cases, such as County of San Luis Obispo v. Nathaniel J detailed below. In it, a rape victim must pay to finance the public benefits the statutory rapist mother received. He was 15 and she was 34.
From Tim Murray, Esq.:
In the case of County of San Luis Obispo v. Nathaniel J., 57 Cal. Rptr. 2d 843 (Ct. App. 1996), a thirty-four-year-old woman had sex with a fifteen-year-old boy and became pregnant. The woman was convicted of unlawful sexual intercourse with a minor — commonly called statutory rape.
She decided to have the child, and after she gave birth to her daughter, she received Aid for Families with Dependent Children — and the county sought reimbursement for the AFDC payments from the father, the 15-year-old boy.
The court held that the boy, a statutory rape victim, was financially liable for the child that resulted from his victimization.
This case is not alone–“Two state supreme courts and several state appellate courts have ruled that male statutory rape victims can be financially liable for supporting a child resulting from their criminal victimization.” Source: R. Jones, ARTICLE: INEQUALITY FROM GENDER-NEUTRAL LAWS: WHY MUST MALE VICTIMS OF STATUTORY RAPE PAY CHILD SUPPORT FOR CHILDREN RESULTING FROM THEIR VICTIMIZATION? 36 Ga. L. Rev. 411 (2002).