Legal Question in Criminal Law in Oregon

Male date rape victim

Three years ago I was taken advantage of at a club, I had drank too much alcohol and blacked out. I awoke in a female's room, that I knew but had never had relations with before. I immediately went home and showered because I felt dirty. But I never reported or told anyone about the event. One month ago she contacted me and informed me that she had a child from our encounter, this was news to me and it changed how I felt about the act she had done to me, now it is affecting me in a totally different way.

She believes I am responsible for her child, but I feel that had the tables been turned I would be in prison and she would have had a choice to have a child or not. I am not concerned with her paying for her crime, but more with why I should have to pay for it.

Some things you may want to know:

-the act took place on a military base in Japan.

-I still live here

-she lives in Oregon

-my home of record is Kentucky

-she put no name on the child�fs birth certificate.

My question is, do I have to pay for what happened to me?


Asked on 11/09/03, 8:44 am

2 Answers from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: Male date rape victim

Before you have to "pay" for what happen paternity has to be established. This can be done in a formal legal action by filing a petition to establish paternity in court and serving a copy on you or it could be done in an administrative hearing before the support enforcement division of the Oregon Department of Justice. Under either process you must be given notice and an opportunity to respond. You will respond by denying paternity. If you are the biological father then you are financially responsible for the child. You also have all the other rights of a parent (i.e. custody and visitation). Your claim that you were raped by this woman while you were passed out and never reported it as a crime will probably not be taken seriously and will not relieve you of your parental responsibility.

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Answered on 11/09/03, 3:25 pm
Brian Halloran Brooking and Halloran, PLLC

Re: Male date rape victim

Same advice as Noel Snyder. Ask for DNA testing to establish Paternity. If you are still in the military, federal law may protect you from default judgment if she has already filed. Talk to your base legal counsel regarding your options. If she doesn't file for paternity, she can't seek child support. The governing law will likely be Oregon. Best of Luck.

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Answered on 11/10/03, 10:48 am


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