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In California, an appellate court upheld an order (San Luis Obispo Count y v. Nathan J., 1996) forcing a 15 year old boy to pay child support to his rapist after she became pregnant and gave birth.The court ruled that although the boy was considered too young to provide consent to the sex act, he was an admitted willing participant and therefore liable to pay support stating that he was not an “innocent victim” because he had discussed it with his rapist prior to having sex.
That this act was illegal and may have constituted coercion was apparently lost on the court. If the boy is considered legally incapable of providing consent, how can he be considered legally liable for giving that consent? Any consent or cooperation on his part should have been considered coercion and therefore not consent at all.
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