Wednesday, January 12, 2005

Victim of unadjudicated statutory rape may be held liable for child support.

IN THE MATTER OF THE PATERNITY OF K.B., 99857, 2004 OK CIV APP 97, ___ P.3d ___, Decided 11/09/2004, Mandate 12/10/2004

An underage boy and an adult woman are the biological parents of K.B., a minor child, born on or about December 20, 1988. Because the father was a fifteen-year-old minor and the mother was a nineteen-year-old adult at the time K.B. was conceived, the minor father technically was the victim of an uncharged act of criminal sexual conduct, despite the consensual nature of the parties' relationship. The Court of Appeals affirmed the trial court's holding that the legal status of the father at the time of conception was immaterial to an adjudication of child support and granting the mother's counterclaim for current and past-due child support.

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