Child support laws and practices are well-known for their many shortcomings. Child support often bears little or no relationship to what’s required to support a child and has come to look more like Mom support. Non-custodial parents complain that they don’t know what their support is being used for. The Office of Child Support Enforcement has complained for years that states set support levels beyond what parents can pay. Enforcement mechanisms often make the non-custodial parent’s ability to pay harder rather than easier. Despite knowing that non-interference with visitation is one of the best ways of ensuring payment of child support, neither the federal nor state governments provide any realistic assistance to non-custodial parents to enforce their visitation rights.
Those and many more problems are all at the forefront of the ever-louder debate about child support law. But there’s another that’s less commented upon – the rape of boys by adult women who become pregnant as a result. Those boys, sometimes as young as 12, are in every state required to pay to support the child. That’s true despite the fact that the entire concept of statutory rape holds that underage boys and girls are by law too immature to consent to sex. Therefore, at every trial for statutory rape, the state need produce no evidence on the issue of consent. That issue has already been decided by the laws governing the jurisdiction. There can be no defense of consent.