Nick Olivas was justifiably a bit surprised when he received papers for $15,000 in back child support for a six-year-old child that he never knew that he had fathered. He was even more surprised that the demand and threat of jail was triggered by a woman who had had sex with him when he was 14. That would constitute statutory rape and make the woman a rapist but he never reported the crime to the police. Now he could go to jail at the behest of the woman.
The woman was 20 when she had sex with the 14 year old boy. He could not legally consent to such relations under state law.
Olivas wants to be part of his daughter’s life and balks at the notion of back payments, including while he was a minor. He is now 24. He is a high school graduate and went to college and became a medical assistant.
When he received the original notice, he ignored it and never got the required paternity test. The state finally tracked him down and demand $15,000 in back child support and medical bills going back to the child’s birth, plus 10 percent interest. His bank account was seized and now his wages are being garnished at $380 a month.
He is not the first such case, but there are distinctions. In 1993, the Kansas Supreme Court ruled that a boy who impregnated his 17 year old baby sitter was liable of child support. She could consent to sex but not him. California also ruled that child support was due from a 15-year-old who was statutorily raped by a 34-year-old woman who was convicted of the crime. California Judge Arthur Gilbert (right) said that the boy was not entirely innocent in the matter despite the lack of legal consent:
California law provides that every child has a right to support from both parents. (Fam. Code, §§ 3900, 3901 [former Civ. Code, §§ 196, 196a, 242]; County of Shasta v. Caruthers (1995) 31 Cal. App. 4th 1838, 1841 [38 Cal.Rptr.2d 18].) Family Code section 3900 provides that, subject to other statutes governing support, the father and mother of a child bear “equal responsibility” to support the child.
The law should not except Nathaniel J. from this responsibility because he is not an innocent victim of Jones’s criminal acts. After discussing the matter, he and Jones decided to have sexual relations. They had sexual intercourse approximately five times over a two-week period.
Here is that opinion: San Luis Obispo v. Nathaniel J.
Olivas now lives in Phoenix and Arizona has no exemption for children born to children.
Source: USA Today
Squeeky,
If anything, studies would indicate that females mature before their male counterparts. As such, to infer that a young man is ready to consent, but a young female is not isn’t based on anything but hooey.
You’ll notice that Annie keeps trying to use the 18 and 16 year old, but fails to produce that an 18 year old was convicted of statutory rape of a 16 year old (unless the 16 year old is mentally handicapped in some way) or that the 18 year old is on the sex offender list for doing so.
That is true Squeeky, it’s amazing to find myself on your side, partially that is. And yes we both will probably vote for Hillary. 🙂
@annie
DBQ is very smart, and most of the time I agree with her comments. But, nobody thinks the same about everything.
Squeeky Fromm
Girl Reporter
Squeeky, DBQ tends to go off all half ‘cocked’ at times, ready to shoot from the hip, before really taking the time to understand the argument.
@dbq
Life is full of double standards. And are they really “double”??? Boys and girls are different. Boys can have sex and not get pregnant. Girls always run that risk. So why shouldn’t the standards be different??? I am less a hypocrite and more a realist.
Squeeky Fromm
Girl Reporter
I don’t think an 18 year old boy needs to be labeled a sexual predator for the rest of his life and go to jail for having sexual intercourse with a 16 year old girl, do you?
Trial.
I see some people are jumping to conclusions. Did anyone say that males and females should be treated differently when it comes to statuatory rape? If an underage female invites and is a willing partner in sexual intercourse, that should also be a mitigating factor in the trail and sentencing.
I cannot believe the double standard and out and out misandry by some of the women here. Do you not think that some under age girls also enjoy sex and solicit it just as much as young boys do, or are you under the misapprehension that all intercourse is non consensual on the part of young girls?
Just reverse the genders and think about what you are saying. If a 14 year old girl has willing sex with a 20 year old man, which under the law is still “statutory” rape, there should be no consequences for the 20 year old man because it was willing. Statutory means under the age of consent EVEN though there was consent. That’s ok with you I’m sure if the younger person is female because obviously the older person/male took advantage of her. Right?
Why is it different and a JOKE when the younger person who has not the ability to consent under the statutory rape laws is a man. He may have been willing. Just as willing as the 14 year old girl. He was likely taken advantage of by the 20 year old woman. But you gals think this is a joke because he has a penis? You think he should be punished for the very same actions for which you want to give the girl a free pass.
If SHE, the willing 14 year old girl is a victim. Why is the 14 year old boy NOT a victim.
Oh…right. Because he has a penis and deserves to be punished for the rest of his life.
What bigoted hypocrites you are.
“Oh what a tangled web we weave
When first we practice to deceive.”
AKA “unintended consequences.”
American freedom and neutrality relegating citizens to self-reliance and, wait for it, their natural roles without artifice, is the durable foundation. Charity covers the rest. It’s amazing how hunger compels people to get a job and buy food…how the “burden” of childbirth compels rational women to initiate fewer, far fewer – by all means.
Americans were freed from a dictatorial monarch to function as free citizens in a free nation with government as their subject, not visa versa. Bias is antithetical in the American thesis. Equally different, free men and women, not women against men. Slavery was abolished only to be reversed through affirmative action, welfare, food stamps, WIC, rent control, “housing discrimination” laws, forced busing, “civil rights,” “hate crimes,” making an ineligible candidate eligible, etc., ad nauseam.
Where in nature are children not maintained by their mother?
Wasn’t the early, traditional phrasing “…’til death do us part.”
If wives or husbands choose not to compromise, accommodate and, perhaps, obey*, but to terminate a relationship of “love” and support, they must assume the burden of supporting themselves as self-reliant and several.
Life is tough. Life is messy. Men and women have burdens.
Nobody gets out alive.
Only when “brilliant” people start dictating to others because they know better than nature and the universe how to conduct “life.” You know, guys like Karl Marx. When that bit of fresh hell fails, a new flash of brilliance bursts onto the scene.
I can’t wait for the next set of dictates…orders which illegally nullify the Constitution. That dudn’t make any sense.
The inmates have taken over the asylum.
* It is eminently descriptive, of exactly what I’m not sure, that employees, soldiers, teammates, politicians, partners of the firm, etc., ALL obey, as certain spouses find the concept outrageous.
“Can’t we all just get along?” Can’t we all just do what is necessary? Apparently, during certain periods we can and during certain other periods we can’t.
@PaulCS
No, but I have been a teen age girl, and had to constantly shoo away the little perverts. Come to think of it, when I go out drinking, I still have to shoo them away.
Squeeky Fromm
Girl Reporter
Squeeky – when you are 14 you walk around with a perpetual hard-on. It is just how your body works, not that you want it to work that way. I spent a lot of time walking down school hallways with my books covering my crotch area.
I would say that you do not have the personal experience to say what little 14 year old boys are like, since you haven’t been one.
And boys are less likely to report molestation then girls. The shame level is much higher, regardless of the sex involved. The fact that he did not report it is evidence of nothing. Women often do not report rapes and you would not condemn them, why are you so condemning of this young man?
Yes indeed Paul, if the statute of limitations hasn’t been exceeded. It might be an unintended consequence of taking advantage of a young teen.
The teachers union needs a slush fund to buy vibrators for these predatory female teachers.
Annie – in this case the woman was 20 and he was 14. However, what is interesting is that since it was at least statutory rape, CPS is required to report it to the authorities. This woman could do time. If she does time, the boy could get custody.
@Barney
Well, maybe you don’t know 14 year old boys very well. From that age on, they are mostly little sex fiends. That is about all they think about. Sex. Sex. Sex. Sooo, no evidence to the contrary, I believe he enjoyed his little romp. Plus, Poor Little Nick didn’t report the affair.
Plus,is society supposed to chip in and pay the bills for the kid??? Let the people who had the fun making the child pay the bills.
Squeeky Fromm
Girl Reporter
Paul, 7th and 8th grade I was afraid to go to the blackboard. Perpetual boner.
Paul, your’e not bursting my bubble. However I do believe that those emissions are usually based on pleasurable thoughts.
Are any feminists alarmed @ the increasing number of needy, loser, female teachers raping their male students?
Is it rape when an 18 year old male has sex with a 16 year old female? Is it wrong to convict him and label him a sexual offender on some registry?