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Rapist ordered to pay child support.

 
 
Reply Wed 9 Feb, 2005 08:58 am
There isn't a link to this story in the online version of my paper but here are the facts reported:

An 11 year old girl went to a party with her older sister. At the party, the girl, a 5th grader, was drugged and raped by a 21 year old man. The girl became pregnant and gave birth last December. Her mother is raising the child.

In a plea deal, the rapist was convicted and ordered to serve 8 years and 4 months in prison, to be deported to Guatamala after serving his sentence and to pay child support through his parole officer.

The paper reports that he "wanted to take responsiblity for the baby and pay child support".

I understand that this child needs to be supported but tying this very young girl to her rapist seems.... well... creepy.

It also seems that by paying support that the father will retain parental rights to the child which is.... well..... creepy.

What do you think?
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Type: Discussion • Score: 0 • Views: 2,752 • Replies: 32
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shewolfnm
 
  1  
Reply Wed 9 Feb, 2005 09:03 am
Oh my god. Shocked
That poor child.
I completely agree.. that man should have no legal rights to the kid and she should NOT be subjected to possible contact with him in the future.
Since when did paying child support become part of a punishment?
That is strange.. That DOES mean that he will retain some sort of legal rights to the child and in his country, he may be able to do more in the ways of custody battles then he could in america.

Was there anything about the mothers( the victims mother) stand point on the issue? Was she for or against him paying support?
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Phoenix32890
 
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Reply Wed 9 Feb, 2005 09:07 am
boomerang- I lkie the idea that the rapist need to support his child, but parental rights should be terminated. In addition, there should be a restraining order preventing the father from ever seeing the child, or the child's mother. After all, the child was conceived by the father perpetrating a felony.
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Bella Dea
 
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Reply Wed 9 Feb, 2005 09:19 am
exactly. he should pay for that baby but never be able to see her or the mother.
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Phoenix32890
 
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Reply Wed 9 Feb, 2005 09:51 am
I feel sorry for the eleven year old mom. IMO the rapist should pay for therapy for that poor kid. I can just imagine what her life is going to be, if she is unable to get past this emotionally.
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boomerang
 
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Reply Wed 9 Feb, 2005 09:53 am
There wasn't any info about how the family reacted to the order of child support.

I suppose if I found myself in a similar situation that I would look to all financial resources available to provide for the child. Still, some things transcend money.

Maybe it is calling it "child support" and all that entails that gives me problems. I usually don't get all tangled up in semantics but in this case I do.

I'm still sorting through my thoughts on this so forgive my indirect responses!
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shewolfnm
 
  1  
Reply Wed 9 Feb, 2005 09:54 am
I dont know that american laws allow for a person to pay child support with out legal rights ??? Am I wrong?
But if that is the case, then if he pays support, he has SOME rights.
If there is a way of keeping him completely out of the picture and not allowing him to claim anything about that child, then yeah he should pay so much he cant afford himself.
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eoe
 
  1  
Reply Wed 9 Feb, 2005 10:05 am
I think there could be an exception made in his case. Pay child support with no rights to the child. Do some time in prison and then get the hell out of here.
Sounds fair to me.
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boomerang
 
  1  
Reply Wed 9 Feb, 2005 10:14 am
Maybe the fact that the family knew the man makes a difference here.

The problems with exceptions in law is that (I think) they set precedence for other cases.

I posted this to "Legal" in hope that some of A2Ks legal eagles would show up with some input.

Custody is an issue with which I have a passing aquaintence and I'm always interested in how these things work.

I do know that when we went to court for custody of Mo that the fact that neither parent had ever offered to pay any support or had ever contributed to his financial needs played a part in our ability to gain custody.
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shewolfnm
 
  1  
Reply Wed 9 Feb, 2005 10:14 am
Actually, with some of the rules set up in our legal system, I would rather just have the ba$tard get the hell outta here and do jail time in his own country.
Our jails are like hotels compared to foreign jails. Let him go somewhere where they only feed bread and water, no sheets.blankets and no central air or heat..
( mumbling) muthhhrrr f***ker...sunof a *****!


I agree with your thought Boom.
It is the term ' child support' I think that burns my hide too. In our society ( and this may not be the same where this dirt bag is from ) child support means giving to, assistance, sometimes shared support. Too many -good- intentions are allowed with that term here.
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material girl
 
  1  
Reply Wed 9 Feb, 2005 10:20 am
That person should go to prison for life.
Pay every penny he earns to that mother and child.
He should have no rights to see the child.The baby was created by rape.He should gain nothing from the situation.
I cant imagine it but the only time the kid and the rapist should come into contact is if the child wants to meet him.
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boomerang
 
  1  
Reply Wed 9 Feb, 2005 10:56 am
It really is such a sad and strange case.

On one hand I'm thinking "damned right he should pay support" and on the other I'm thinking "get this man out of their lives forever and ever and ever".

To call him this childs "father" is a tragedy in itself.
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sozobe
 
  1  
Reply Wed 9 Feb, 2005 10:59 am
Yes, totally.

Even "sperm donor" is much too benign.
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Debra Law
 
  2  
Reply Wed 9 Feb, 2005 11:33 am
Every parent has a duty to support the children he/she creates. Even a rapist has a duty of support.

Every parent has a right to establish a meaningful relationship with the children he/she creates. Every child has a right to establish a meaningful relationship with his/her parent. Accordingly, visitation with a non-custodial parent is PRESUMED to be in the best interests of the child.

However, that presumption is not conclusive. It is rebuttable. If the rapist / father ever sought visitation rights, compelling arguments can be made that it is NOT in the best interests of the child to establish a relationship with his/her mother's rapist.

Parental duties and rights are independent of each other. The parent's duty of support can be enforced even if the parent is denied the right to establish a relationship with the child through visitation. In this situation, the parental rights still exist, but the rights are simply denied because the best interests of the child would be harmed if the rights were enforced.

On the other hand, if parental rights are legally terminated through a parental rights termination proceeding, then ALL rights and duties are terminated FOREVER. This only happens when another parent (or the state) steps forward to assume the obligation of support either through an adoption or a state-initiated deprivation proceeding. When the state acts to terminate parental rights through a deprivation proceeding, they do so in order to make the child eligible to be adopted by qualified adoptive parents.
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Noddy24
 
  1  
Reply Wed 9 Feb, 2005 12:59 pm
I'm reminded of a similar sort of case that happened locally several years ago. I'm a bit hazy on the details, but here's the gist of the matter:

A mildly retarded 12 year old girl was raped by a sixteen year old boy in the staircase of the school. She became pregnant and her parents decided that she should carry the child to term and then put it up for adoption.

The sixteen year old father, already the Father of Record for two babies for whom he was not paying support, sued to stop the adoption, insisting that he had paternal rights.

Do you want to guess how that one turned out?
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dlowan
 
  1  
Reply Wed 9 Feb, 2005 02:50 pm
Hmmm - trying to think this through in terms of the child......it is, as you can imagine, extraordinarily hard for kids when they learn they are the result of a rape.....but kids almost always DO want to know who daddy is - am wondering what it will be like for the child when the rapist has been supporting her/him for so many years......

I guess, at least, the kid will be able to see (IF the child support ever happens) that the man took some responsibility - rather than having to imagine a total monster as their father.

But, the tie to the man - ewwwwww - that HAS to be tough for the poor little 11 year old.

I would be concerned re possible custody/access issues - I have known child abusers apply for custody of their kids from prison! It is not like they get it - but the process is appallingly distressing.

Thing is, the kid may want to see the father at some point - man, these things are complex....
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eoe
 
  1  
Reply Wed 9 Feb, 2005 03:01 pm
I'd tell my child that daddy was dead.
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dlowan
 
  1  
Reply Wed 9 Feb, 2005 03:56 pm
Tempting - but most parents eventually believe the child is entitled to the truth. (When they are older)

usually - at some point - truth will out.


Also - most kids are quite sensitive enough to sense when something is wrong with a story - plus - where are daddy's mother and father - uncles, aunts - the lie has to just keep growing.

I am actually working with several mums and kids dealing with this one right now.

In one, the kid overheard something, having always known that there was something fishy about what they had been told......(man, they are ANGRY - being lied to is something most kids find hard to forgive)...in others, the mums have decided that the time has come for truth - and a re-working of their relationship with the child - one that makes sense of ambivalences that have heretofore affected the relationship - and which the child usually attributes to some deep wrongness in them.

Not that I am saying what any particular person should do - these are awful decisions - in my experience, however, truth outs.
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eoe
 
  1  
Reply Wed 9 Feb, 2005 04:07 pm
Under any other circumstances, I'd tell the truth but this...I'd just have to pray that if and when the truth did reveal itself (and you're right, it always does) that my child would understand my decision to lie about his or her heritage.

How in the hell do you say such a thing to a child? Even a child of 25 or 30 years old?
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dlowan
 
  1  
Reply Wed 9 Feb, 2005 04:52 pm
Well, from experience, I can tell you it isn't easy.
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