The Backlash! - November 1996

Organization News - Children's Right's Council of California
Riverside County Chapter

Victim responsibilities?

Contact Ted J. Hill


With just one comment, here is the first paragraph of COUNTY OF SAN LUIS OBISPO v. NATHANIEL J., a minor (Cite as 96 C.D.O.S. 8074, Filed November 4, 1996)
A 34-year-old woman seduces a 15-year-old boy and becomes pregnant. She gives birth to a daughter and thereafter applies for Aid to Families with Dependent Children. Is the child's father obligated to pay child support even though he is a victim of statutory rape? (Pen. Code, section 261.5, subd. (d).) We conclude he is liable for child support.
Here we have a child who happens to be a male. He is "raped", being under the age of consent (but the sex was consentual), and the woman who committed the crime has a lock on this young man's income for the next 18 years.

Now, what would be the outcome if the situation was reversed, and a 34-year old man had consentual sex with a 15-year old girl? Despite laws that profess to protect minors (which, from here, would seem to include MALE children...) from sexual exploitation, this young man has been had big time.

Sadly, this seems to be the "law of the land..." (decision quotes a number of other state's decisions to butress this decision.)

How can we teach and convince our sons that the law is fair and equitable, when adult women can rape our male children, and then those same women, even after being found guilty of a crime, can receive a financial largess for the next eighteen years based on their illegal actions?

Should not the adult bear the adult responsibility, or should we tell male children in our society that they will be held to adult responsibilities and obligations despite their status as minors?


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