Quote:
Originally Posted by Kobi
|
Raped and Impregnated at 14, Girl Must Now Share Parental Rights with Her Attacker
Rapist's paternity rights locks victim into 16-year relationship with him.
http://www.alternet.org/news-amp-pol...s-her-attacker
BOSTON (CN) - A rape victim sued Massachusetts to stop it from subjecting her to "a court-ordered 16-year unwanted relationship with her attacker" by giving him paternity rights over the child born from the rape.
H.T., of Norwood, Mass., sued the Commonwealth of Massachusetts in Federal Court.
"The plaintiff, a rape victim in a state criminal matter, became pregnant in 2009 at age 14 as a result of the crime and gave birth to her attacker's child," the lawsuit states.
"The defendant in the state criminal proceeding, age 20 at the time of the impregnation, was convicted of rape in 2011 and was sentenced to 16 years probation. Conditions of probation include an order that he initiate proceedings in family court and comply with that court's orders until the child reaches adulthood. The plaintiff here seeks to enjoin enforcement of so much of the state court's order as violates her federal rights by binding her to an unwanted 16-year legal relationship with her rapist."
H.T., who recently graduated from high school, says the order forces her to participate in unwanted court proceedings for 16 years with the man who raped her, and to spend money on legal fees.
"Melendez pleaded guilty to rape in September, 2011 (Norfolk Criminal Docket No . CR200900499) and was sentenced to probation for 16 years. As a condition of probation, Melendez was ordered to initiate proceedings in family court, declare paternity as to the child born of his crime, (paternity had already been determined in the criminal case, via DNA testing), and comply with the family court's orders throughout the probationary period. The plaintiff and her mother were adamantly opposed to participation in family court proceedings and repeatedly expressed this sentiment to state officials." (Parentheses in complaint).
In June 2012, H.T. found out that Melendez was seeking visitation rights with the child.
After a family court judge ordered Melendez to pay $110 a week in child support, he Melendez asked for visitation rights, and offered to withdraw his request in exchange for not having to pay child support, according to the lawsuit.
"Melendez had no prior contact with the child and had expressed no interest in the child, but no Massachusetts law forbids the enforcement of visitation rights by a biological father who causes a child's birth through the crime of rape," the complaint states.
The sentencing judge in the state criminal court denied H.T.'s request to order Melendez to pay criminal restitution instead of child support, and release her from any legal proceedings involving him.