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Woman fighting rapist who impregnated her at the age of 14, after he applies for child visitation rights

December 9, 2016  |  Posted by: Francesca Falzarano
Woman fighting rapist who impregnated her at the age of 14, after he applies for child visitation rights

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A victim of rape, who became pregnant in the attack which occurred when she was only 14-years-old, is fighting to keep her rapist away from her child as he retains the right to apply for child visitation rights seven years later.

Jamie Melendez, 27, was convicted of statutory rape and was sentenced to 16 years of probation for the assault that took place back in 2009.

According to the Boston Herald, Melendez had met his victim previously through a friend. She stated that he forced her to have sex on four occasions.

The woman, who was only in eighth grade at the time of the attack, was impregnated as a result of one of the rapes and gave birth in 2010.

He was apprehended in 2009 and denied paternity to avoid the charges but, DNA testing ordered by prosecutors proved that he was indeed the baby girl’s father.

In 2011, Melendez confessed to four counts of statutory rape but managed to evade jail time by a judge who declared that a probation sentence would enable him to get a job and pay his victim child support.

The little girl is now 6-years-old, and Melendez has been paying her 22-year-old mother $110 a week.

Although he has never met his daughter, he petitioned for child visitation rights in 2012 under the reasoning that because he is paying child support, he should have the right to see her.

He was declined by a judge who said his motivations were insincere. It was alleged that he was only threatening to see the child to make the victim relent in asking for child support payments.

As a result, the victim was forced to face him in family court “many, many” times, her attorney stated.

He can take his former victim to court as many times as he wants to apply for visitation until the child turns 18.

Back in June, he stopped paying child support, and the court has not yet been forced to pay up the cash. He was previously jailed for infringing on his probation requirements.

After the violation, he spent three months behind bars. The victim is now rushing to have the matter removed from family court before the man files another application which will force her to see her attacker once again.

“She’s terrified that this new ruling means her rapist will soon be taking her child on visits as a way of ramping up the pressure to revoke the order requiring him to pay for the consequences of his crime,” her attorney, Wendy Murphy, told the Daily Mail.

The case was transferred to family court after Melendez was sentenced in 2011 – something the victim contends should never have happened.

The woman was outraged that the two are handled in the same court as divorced parents and consenting couples, she argued that they were never a family despite that they conceived a child.

She requested that instead of child support, he should pay her in criminal restitution to help with the cost of raising the child.

The victim was denied. In 2013, when she was 19-years-old, she gave a series of interviews in disguise with her attorney to ask for a change in the law.

In the interviews, she stated she felt her attacker was utilizing the legal system to victimize her all over again; a phenomenon often called “second rape.”

Her most recent attempt to have his case quashed was to file a motion in appeals court to reject his argument. It was however denied, with three judges supporting his right to apply for a relationship with the child in family court.

In Massachusetts, a rapist can be granted parental visitation rights to a child he fathered during an attack if a judge rules it is in the child’s best interest.

Murphy stated it is not unusual for rapists to use this right to get out of giving child support, usually warning that they will apply for visitation rights unless the child’s mother agrees that they no longer have to pay.

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