Rapist gets probation and visitation rights

[Vex]

In Massachusetts, a young woman was raped when she was 14 and got pregnant as a result of that rape. When a judge ordered the rapist to pay child support (of $100 per week) the rapist decided to petition the court for visitation rights. The woman understandably wants nothing to do with her rapist and is trying to convince the courts to file the payments as criminal restitution so he can't petition for child support.. On top of that, the rapist didn't even get jail time. His penalty for raping a 14-year-old child? 16 years probation.

This isn't a case of statutory rape between two people who were dating or even friends. The man came to her house when her parents were out and pressured and threatened her into having sex with him.

It is legal in Massachusetts for rapists to seek custody of the children they conceive during rape. It's not the only state in the US where this is legal and it's pretty horrific that nothing has been done to rectify it.

Here's a link that discusses the case in more detail: http://rt.com/usa/rape-victim-sues-massachusetts-855/

[Mice]

I'm glad she is suing the state. She tried to get criminal restitution but the state sent the request to family court because surely rape resulting in pregnancy is a family matter. The family court said he had to pay child support and he countered saying that if he had to pay child support he should have access to the child. So in effect, the state is forcing this woman into a long term relationship with the rapist. How dare she try to seek restitution in the courts! Lets legally bind her to the rapist for life! And make it expensive for her! What the ever loving fuck Massachusetts.

[ILoveJellybeans]

He raped a 14 year old and there are people who believe he should have visitation rights to the child concieved from that rape???

Hes a rapist, he is not a good role model for that child and should not be allowed near them. He is also a pedophile as well, which means even more danger to the child if he is allowed visitation. Someone who is guilty of offenses such as pedophilia and rape should not be allowed near children, including their own, as they have proven they are an unfit parent.

[Mice]

Gah! Emphasis mine. The state has given control of the victim and her daughter back to the rapist. This must be every MRA's dream!

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.

[Mice]

And this is starting to get some traction in the local news outlets. I hope the pressure against the ruling builds because this is horrible: http://www.wbur.org/2013/08/23/rape-lawsuit

[NotALoserLikeYou]

Just wanted to point out he hasn't gotten any visitation rights yet.

[bookiewookie]

Ugh, Massachusetts! Hopefully the courts re-think their decision due to negative media pressure and do the right thing for both the mother and child.

I wonder if he could be labelled as a sex offender (due to his rape conviction) and therefore not be allowed to spend time around kids (including the victim's child*).

*I refuse to refer to the child as his kid - regardless of biological paternity, that man doesn't deserve to be a father.

[Stephanie66]

I know someone that something similar happened to in Minnesota in the 80s. She was raped and, as a Catholic, decided to carry the child to term and place her for adoption. The rapist learned through the grapevine that this was going to happen and blocked the adoption, pretty much forcing her to parent. (She obviously wasn't going to let HIM have custody.) Then he filed for visitation rights, and got those, too. I watched this horror unfold and couldn't believe it.

Thankfully, her father brought the baby to and from visitations so she didn't have to see him. Eventually, he lost interest and the child was adopted by her new husband.

[Inky]

They don't say when a decision will be made - do these things usually go fairly quickly?

[YPestis]

You know, in some countries, local customs dictate that if a woman is raped, she should marry her rapist. I'm kind of getting a whiff of this here. If a woman (in this case, a teenage girl) is raped, and decides to keep the child, then she's tied to her rapist for the duration of the child's childhood.

What I want to know is how is this even legal? Why is a rapist paying for upkeep of a child NOT restitution? If a criminal robs and destroys a house and is told to pay for it's rebuilding, he doesn't have "rights" to the house!

Why is this even up for debate? If it's a rape, and not in the statutory "He was a senior and I was a freshmen" type of deal, then there is no relationship. That guy is NOT a father. Plus, why should we punish the victim when she decides to make the already difficult choice of raising a child born of rape? I hope this gets some attention if only to make people realize this type of situation can happen.....

[tenth muse]

She must be lying. Remember, real rapes don't produce children. She'd have shut it down.

This is how I feel right now:

:twisted: :twisted: :angry-banghead: :cray-cray: :pull-hair: :head-desk: :angry-fire: :angry-fire: :angry-cussing: :angry-fire: and I couldn't find the spewing smiley so just visualise it.

[Vex]

I'm aware that he hasn't been granted visitation, the title was mostly for the sake of brevity. Sorry about that.

I think if the story is gaining public attention she'll have a better chance of winning her case. If she loses I hope she sues them for everything she can think of, and I am not a litigious person.

[Childless]

What a fantastic way to increase the abortion rate. Dipshits. If I were raped and a pregnancy resulted, I definitely wouldn't carry to term now as I would be fearful of being forced into a life long relationship with my rapist. Screw that. I'd rather abort than have to be put through 18 years of hell.

[2xx1xy1JD]

The court DIDN'T order him to have visitation. They ordered him to pay child support.

In theory, there's no reason for him to be exempt from paying for the child that he caused to be conceived. Why should he pay less than a non-violent father.

OTOH, I don't believe that paying child support should entitle anyone to a relationship with a child, and there should be a way to get an order to terminate parental rights in extreme cases. I also think that it should be valid for a court to consider the issue of emotional trauma for a primary caregiver. Even if supervised access did not directly endanger the child, the child depends on the mother for her care. If the mother's mental health and ability to cope is threatened by PTSD or extreme stress/anxiety as a result of the continuing contact, her care of the child will be affected, and THAT is not in the best interests of the child.

[Revolennon]

Coming out of lurkdom to add that from what I've heard about the case, they were dating, it was consensual at the time and it became rape when they were caught and she broke up with the guy. Now, if that is true then it changes a lot, IMO. It goes from being a case of this young girl having to continue prolonged contact with a stranger who forcibly raped her to a girl having to spend time with her ex with whom she engaged in consensual sex.

[2xx1xy1JD]

Coming out of lurkdom to add that from what I've heard about the case, they were dating, it was consensual at the time and it became rape when they were caught and she broke up with the guy. Now, if that is true then it changes a lot, IMO. It goes from being a case of this young girl having to continue prolonged contact with a stranger who forcibly raped her to a girl having to spend time with her ex with whom she engaged in consensual sex.

WTF?

He pled guilty to rape. That fact is not in dispute.

Are you trying to suggest that rape is not really rape if it doesn't involve a stranger?

[snarkopolis]

Coming out of lurkdom to add that from what I've heard about the case, they were dating, it was consensual at the time and it became rape when they were caught and she broke up with the guy. Now, if that is true then it changes a lot, IMO. It goes from being a case of this young girl having to continue prolonged contact with a stranger who forcibly raped her to a girl having to spend time with her ex with whom she engaged in consensual sex.

I haven't researched it, but I don't believe 14 year olds (at least not in my state) have the legal right to "consent" to a sexual relationship, WITH ANYONE REGARDLESS IF THEY ARE 14 OR 40. That makes it rape. RAPE. Her lawyer should be pushing to have him labeled a sex offender which SHOULD make it virtually impossible (not sure of Mass. family law) for him to be around any children, even his own. :cray-cray: :angry-banghead: :penguin-no: :wtf: :pull-hair: :pink-shock:

[Revolennon]

WTF?

He pled guilty to rape. That fact is not in dispute.

Are you trying to suggest that rape is not really rape if it doesn't involve a stranger?

No, I'm saying that consensual sex is a lot different from rape. I've read several articles that say they were dating and it's a statutory case. And I think the difference between having to be around someone who forcibly raped you vs your ex boyfriend that you were supposedly in love with and engaged in consensual sex with is inherent. From the articles I've read, it's a statutory case of two young people that got caught.

ETA: I've done some more research on this and I've read things that say the guy was accused of statutory rape after the girl's mother sued him for child support and he refused to pay. I've also read that it was forcible, but he pleaded guilty to statutory. So obviously there is a ton of conflicting information being reported. To be clear here, I'm not saying that a 20 year old having a relationship with a 14 year old is acceptable--it is wrong on all levels. All I'm saying is that I think there is more to this case than it seems.

[BravaAmica]

What a fantastic way to increase the abortion rate. Dipshits. If I were raped and a pregnancy resulted, I definitely wouldn't carry to term now as I would be fearful of being forced into a life long relationship with my rapist. Screw that. I'd rather abort than have to be put through 18 years of hell.

That's why I chose to abort. I couldn't bear having to deal with my rapist if I had the baby.

[tropaka]

http://masscases.com/cases/sjc/465/465m ... html#back1

according to the court documents they were in a relationship and he pled guilty to statutory rape (4 counts).

The victim of criminal offenses committed by Jamie Melendez appeals from a judgment of a single justice of this court denying her petition for relief under G. L. c. 211, § 3. Melendez pleaded guilty to four counts of statutory rape of a child in violation of G. L. c. 265, § 23. A judge in the Superior Court found that when Melendez was nineteen years of age and the victim fourteen, the two were in a relationship and engaged in sexual relations. There was no evidence of force or coercion, and Melendez was not charged with forcible rape of a child. The victim was underage and incapable of giving lawful consent. As a result of Melendez's crimes, the victim gave birth to his biological child. Melendez was sentenced to probation and ordered, as conditions thereof, to acknowledge paternity, to support the child financially, [Note 2] and to abide by any orders of support issued by the Probate and Family Court.

[2xx1xy1JD]

http://masscases.com/cases/sjc/465/465mass1011.html#back1

according to the court documents they were in a relationship and he pled guilty to statutory rape (4 counts).

Thanks for providing that. I'm always a tad skeptical of news articles on legal cases, because so often the issues are misrepresented, so I'm glad to see some original sources.

Her claim is based on a misunderstanding of what the sentence requires. In fact, no visitation or other obligations were imposed on the victim as a result of the sentence. Indeed, Melendez is obligated to abide by any restraining order that might be issued for the victim's or the child's protection. As the Superior Court judge made clear when he ruled on the victim's motion to modify the sentence, the terms of any support, visitation, or restraining orders would be left to the Probate and Family Court. By making it a condition of probation that Melendez abide by any orders of the Probate and Family Court, the judge merely subjected Melendez to a further consequence -- namely, a committed prison sentence -- if he disobeys.

This is key. No visitation was ordered. A statutory rape conviction does not automatically label the guy as a sex offender who can never be around children in Mass. - and in states where this does happen, it's cause some real hardship for families where the parents wanted to continue their relationship but the father couldn't be alone with his kids.

It seems that what this sentence was intended to do was ensure that he pay child support. Child support and criminal restitution are separate things.

I would agree with her that forcing court proceedings affects her, and I've never seen an order from a criminal sentence quite like that. I don't think that it should have been made over her objections. That said, he would have had the right to ask the family court for a declaration of paternity and visitation rights even without this sentence.