County of San Luis Obispo v. Nathaniel J.

Opinion

GILBERT, J.

Victims have rights. Here, the victim also has responsibilities.

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, § 261.5, subd. (d).) We conclude he is liable for child support.

Defendant Nathaniel J. appeals a judgment establishing paternity and reserving an order of child support. We affirm.

Facts

On January 20, 1995, Ricci Jones gave birth to a daughter. The child’s father, Nathaniel J., was 15 years old when Jones conceived the child. Jones then was 34 years old.

[844]

Upon complaint, San Luis Obispo police officers investigated Jones’s unlawful sexual intercourse with Nathaniel J. (Pen. Code, § 261.5, subd. (d).)

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During an interview with a police officer, Nathaniel J. described the sexual intercourse as “a mutually agreeable act.” The San Luis Obispo County prosecutor prosecuted Jones and obtained a conviction of unlawful sexual intercourse with a minor.

The San Luis Obispo County District Attorney’s office sought child support and welfare reimbursement from Nathaniel J. (Welf. & Inst. Code, §§ 11350, 11350.1, 11475.1.) Nathaniel J., by a guardian ad litem, admitted paternity but contended he was not required to pay child support because he was a victim of statutory rape. (Pen. Code, § 261.5, subd. (d).) The trial court ruled that paternity was established and reserved an order of child support. Presumably when Nathaniel J. reaches majority or completes his schooling, the court will reassess his ability to provide support.

Nathaniel J. appeals and contends exacting child support from a victim of statutory rape violates public policy. He also argues that the procedure followed herein denied him due process of law.