A Massachusetts woman is living any rape victims worst nightmare. In a case of art imitating life, the young woman is currently fighting back against her rapist in family court for visitation rights for the child he impregnated her with.
According to the Boston Herald, a now 22-year-old woman is reeling in fear after a state appeals court ordered that the man, Jamie Melendez, who was convicted of raping her seven years ago can press his claim in family court for the right to visit the child conceived during the sex assault.
“It makes me very scared. My main priority is to keep my daughter safe,” the woman told the Herald. “I’m worried. I shouldn’t have to go to family court. I don’t want to go to family court with a man that raped me. I don’t want to worry that a man who raped me will come and take my daughter.”
If you’re a fan of Law & Order SVU, in the hit series a woman was going through a similar circumstance as the court not only ruled her rapist not guilty, but a family court judge allowed her rapist visitation rights to her child. As a result, the woman decided to flee to another country where extradition would not be a factor.
During this week, The Massachusetts Court of Appeals denied the woman’s request to throw out a paternity ruling that gives her rapist the ability to bring her into probate court and argue that he should be able to see the child. Wendy Murphy, the woman’s lawyer, said she will appeal the decision to the Supreme Judicial Court — while also pressing lawmakers to advance bills aiming to keep convicted rapists from seeking child visitation rights.
“I want them to recognize it is not a family,” said the woman, who is referred to in court records as H.T. She said the court decision “does let me down, but mainly it scared me. I hope we can win in some court at some time.”
Not only was this woman raped once by Melendez, she is being raped again by the court system that is allowing this ruling to stand.
DNA tests matched Melendez to the child, and he pleaded guilty to the rape in September 2011. Melendez was sentenced to 16 years probation and ordered to start a family court proceeding, which ordered him to pay $110 in weekly child support.
Melendez took steps to gain visitation rights for the child in 2014, but his request was denied by a family court judge who saw it as a “bargaining chip” to lower his child support payments.
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