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michaeldaniels
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Family Law Update
Statutory Rape Is Statutory Rape, unless you’re willing, sometimes
by Lester Cohen, MFCC, JD
In County of San Luis Obispo v. Nathaniel J., the California Court of Appeals stated that although a 15 year old boy who was
seduced by a 34 year old woman, was a victim of the 34 year old (she was prosecuted for statutory rape), the 15 year old
father is obligated to pay child support to the child.
The 34 year old mother was prosecuted and convicted of unlawful sexual intercourse with a minor. According to the criminal
court, the 15 year old was a victim. The willingness or lack of willingness of a 15 year old having intercourse with a 34 year old,
was not an issue. Statutory rape is statutory rape with those age differences.
The father admitted paternity. The courts switched over to the family law component. There, the same District Attorney’s office
which said he was a victim of statutory rape, contended that the new born child should not become a further victim by allowing
a parent (15 year old) to avoid the responsibility of supporting the child when and as he is able. Father’s attorney argued that
the California Constitution states that “all persons who suffer losses as a result of criminal activity shall have the right to
restitution from the persons convicted of the crime for losses they suffer.”
The clincher for the court, as it turned out, was that the 15 year old admitted that he was a willing participant in the intercourse.
Although not relevant for the criminal action against the mother, the court found that the willingness of the father did allow them
to differentiate between a minor who has been the victim of willing statutory rape and one who was not a willing participant.
There is also a strong history of case law precedents in California and other states, where courts have found that for purposes
of child support, voluntary intercourse resulting in voluntary parenthood, allows the minor parent to be liable for the financial
support of the minor infant.
Statutory Rape Is Statutory Rape, unless you’re willing, sometimes
by Lester Cohen, MFCC, JD
In County of San Luis Obispo v. Nathaniel J., the California Court of Appeals stated that although a 15 year old boy who was
seduced by a 34 year old woman, was a victim of the 34 year old (she was prosecuted for statutory rape), the 15 year old
father is obligated to pay child support to the child.
The 34 year old mother was prosecuted and convicted of unlawful sexual intercourse with a minor. According to the criminal
court, the 15 year old was a victim. The willingness or lack of willingness of a 15 year old having intercourse with a 34 year old,
was not an issue. Statutory rape is statutory rape with those age differences.
The father admitted paternity. The courts switched over to the family law component. There, the same District Attorney’s office
which said he was a victim of statutory rape, contended that the new born child should not become a further victim by allowing
a parent (15 year old) to avoid the responsibility of supporting the child when and as he is able. Father’s attorney argued that
the California Constitution states that “all persons who suffer losses as a result of criminal activity shall have the right to
restitution from the persons convicted of the crime for losses they suffer.”
The clincher for the court, as it turned out, was that the 15 year old admitted that he was a willing participant in the intercourse.
Although not relevant for the criminal action against the mother, the court found that the willingness of the father did allow them
to differentiate between a minor who has been the victim of willing statutory rape and one who was not a willing participant.
There is also a strong history of case law precedents in California and other states, where courts have found that for purposes
of child support, voluntary intercourse resulting in voluntary parenthood, allows the minor parent to be liable for the financial
support of the minor infant.
Find us a single example of a man who has been raped and forced to pay child support for a child conceived from that rape.