If a child resulted by means of sagitorial rape, would the father have to pay child support?
My boyfriend's ex wants to charge him child support, but I don't think that it should be allowed since she was 21 when she got pregnant and he was only 16! Isn't there some law to exempt him from paying since this is sagitorial rape?
Answers:
It is called Statutory rape and your friend should have kept his little winker wrapped up!~!
The term is statutory rape, and this is a question for a lawyer knowledgeable of the law in your state.
Statutory rape is what you are referring to and yes, the Father pays child support. If he's old enough to breed, he's old enough to be responsible for his actions. Can you say Daddy?
First of all, the term is "statutory rape." Second, depending on what state you are in, the age to consent to sex may be 16 and it would NOT therefore be rape.
Unfortunately there might be a loop hole, but it's pretty sad that your boyfriend is trying to get out of accepting responsibility for his actions by working the legal system. In the eyes of the law, he might have been considered a "minor". However,16 and 21 is not that wide of an age gap, and chances are she hardly "raped" him or used his age against him to manipulate him into sex. Perhaps he's the exception to the rule.
It's Statutory rape, by the way.
The bottom line is that the child will ultimately suffer. So, when you are thinking about what is "fair" or "not fair" to your boyfriend, perhaps you should think about what is "fair" or "not fair" to the helpless baby who didn't ask to be born.
don't think so
the first answer is right on the money-- states often have differebt consent laws so 16 is no guarentee
Why would it not be allowed? You really think that the age of the parent means a child isn't entitled to support? Child support is supposed to be for the child, and not for the parents. It's not the child's fault that its father is younger than the mother, and no judge in the world would refuse to grant child support for such a lame excuse.
He has to pay to support his child, no matter what the circumstances were. Was the woman even convicted of statutory rape? Is it even statutory rape in your state?
But regardless, it doesn't affect the needs of the child -- if he was old enough to shoot it out, then he's old enough to pay for it. Sixteen is old enough to have a job -- I'm sure he'll be fine.
I would say it would have to depend on the state in which the crime happened. The source below is a case from Kansas in which a woman age 17 was charged with the statutory rape of a boy age 13. The woman had a daughter and applied for benefits under ADC. Two years later the woman charged the boy for child support. The district attorney charged the woman with statutory rape for which she pleaded to a lesser charge of child misconduct.
Through a paternity test, the boy was determined to be the biological father of the woman's daughter and was ordered to start paying $50.00 a month plus the boy and woman had to pay back $7,000 to ADC and to cover the cost of the daughter's delivery and other expenses.
I would say that your boyfriend should seek the legal advice of an attorney. Good luck.
If they can prove he is the dad he will have to pay child support and at the age of 16 i dont think they will get her for rape
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