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rapist sues victim for visitation rights.

Steve

Well-known member
rapist sues victim for visitation rights of her child..

Mass. rape victim sues state for forcing relationship with attacker

A rape victim is suing the Commonwealth of Massachusetts for allegedly forcing her to maintain a relationship with her rapist, who impregnated her and is now seeking visitation rights and parent privileges because he pays child support.

In 2011, Jamie Melendez pleaded guilty to the rape of a 14-year-old middle school student who became pregnant and had a child in 2009. Melendez was sentenced to 16 years of probation and ordered by a judge to go to family court for the next 16 years to pay $110 a week in child support. As a result, Melendez is saying he should receive visitation rights if he is paying child support, reports RT America.

The victim's attorney says her client is worried about sending her daughter off with a man she doesn't know and who raped her;


A rape victim is suing the Commonwealth of Massachusetts for forcing her to maintain a 16-year legal relationship with her rapist, who impregnated her and is now seeking paternity rights over the child.

In 2009, 20-year-old Jamie Melendez raped a 14-year-old middle school student when she was home alone in Norwood, Mass. The girl, who is referred to as “H.T.” in court documents, said she felt threatened and intimidated by the man. As a result of the rape, she became pregnant and gave birth to a child, which forced her mother to quit her job to stay home and take care of it. Melendez pleaded guilty to the rape in 2011 and was sentenced to 16 years probation.

But Massachusetts Judge Thomas McGuire also ruled that Melendez would be required to go to family court for the next 16 years, where he would pay the victim $110 a week in child support. Now, the convicted rapist is arguing that if he is paying child support, he should also receive visitation rights to see the child, according to documents obtained by Courthouse News.

If Melendez pays child support, he has the right to request visitation, involvement in the child’s education, and influence where the child lives, the lawyer noted. If the victim fails to show up at any of the family court dates scheduled over the next 16 years, she risks losing custody of her own child. Rapists are allowed to sue for child custody in 31 states, including Massachusetts. The victim wants no involvement with Melendez, and previously requested that the rapist pay criminal restitution instead of child support. Both the Massachusetts Supreme Judicial Court and the family court denied her request.

The victim, who just graduated high school, never sought to prosecute Melendez, and is focused only on breaking off legal ties between them. In her lawsuit, H.T. argues that the court order against Melendez violates her federal rights by binding her to an unwanted relationship.

“Through this action, the plaintiff requests that she be liberated from a state court order that not only imposes unlawfully on her liberty for 16 years, but also obligates her with the unwanted and inappropriate responsibility for ensuring Melendez’s compliance with the conditions of his probation; an obligation that should rest exclusively with state officials,” the complaint states.
The woman, now 19, identified only as “H.T.” in court documents, was 14 when she had sexual relations with then-20-year-old Jaime Melendez, according to court documents.

Melendez pleaded guilty to four counts of statutory rape in 2011 and was sentenced to 16 years probation.

Melendez recently told family court officials that he wanted visitation rights if he had to pay child support.

He also has offered to withdraw his visitation request if the child support payments are set aside.

“This is not a family, it’s felony,” said Murphy. “You don’t reward a rapist with the privilege of a family.”

Instead of child support payments, Murphy said, financial support should come in the form of restitution ordered by a criminal court.

The young woman said she felt intimidated into having sex with Melendez, who visited her home while the girl’s mother was at work.

as with all statutory rape cases, the lines get blurred.. but there is no excuse for a 20 year old man to take advantage of a 14 year old teen...

I agree with her point.. As it seems the easy answer was to make him pay restitution..

to think that 31 states allow visitation by a convicted rapist is barbaric..
 

Steve

Well-known member
19 States that Bar Rapists from Custodial and Visitation Rights
Alaska
California
Connecticut
Delaware
Idaho
Illinois
Indiana
Maine
Missouri
Nevada
New Jersey
New Mexico
New York
Oklahoma
Oregon
Pennsylvania
South Carolina
Texas
Wisconsin

it might be time to add your state to the list..

I would also add a requirement of any parole be to pay any and all restitution .. instead of child support..

sure wish I knew a South Dakota legislature who could file a landmark bill.. on that starts the ball rolling.
 
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