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August 22nd, 2013
10:09 PM ET

Man seeks visitation rights for child he fathered through rape

Imagine getting raped, giving birth to a baby, and four years later going to court to stop the rapist from seeing your child.

That's what's happening in Massachusetts. Twenty-four-year-old Jamie Melendez was convicted of raping a 14-year-old girl in 2009 and now he wants visitation rights.

This is a topic we have covered on OutFront and as we have reported, rapists are entitled to parental rights in 31 states across the United States.

OutFront: Legal analyst Paul Callan.


Filed under: Crime • News
soundoff (15 Responses)
  1. tgeorges

    This problem started when the child was born and Melendez was forced to pay child support – after all, he's the child's father, right? But such a decision has come back to bite in the form of a father's right to see his child. Until the courts can show that the father is unfit or dangerous to the child, then he should be able to visit she who he must support for the next several years.

    August 27, 2013 at 6:40 pm | Reply
  2. RyanWI

    My opinion on this is entirely dependent on whether this was a forcible or a statutory rape.

    August 27, 2013 at 12:24 am | Reply
    • tgeorges

      The video implies it was statutory rape.

      August 27, 2013 at 6:43 pm | Reply
  3. rschier

    What is this thing even doing walking around ? He should have been gassed.

    August 26, 2013 at 3:54 pm | Reply
  4. Julie

    I've heard of this happening before, often done with the intent to further hurt the victim or coerce them into legally cooperating (dropping charges, etc). Absolutely disgusting.

    August 26, 2013 at 12:44 pm | Reply
  5. giovanny

    is it rape or statutory rape..lets be clear about this ..if its rape mmmm its up to the mother...but stat. rape he has all the right

    August 26, 2013 at 12:26 pm | Reply
    • Derek

      It was statutory. He was 19, she was 14. After the young lady got pregnant, she said he "pressured" her to mate with him. He was sentenced to 16 years probation. He has every right to see his kid.

      August 26, 2013 at 9:40 pm | Reply
  6. Wagman

    To say that this is adding insult to injury is a gross understatement. What's he thinking? How's this going to work? He drives up to house where the crime occured walks up to the front door, rings the doorbell and expects to be met with open arms? I think he'd be met with a 12 gauge to the testicels then when he's writhing in pain on the porch place the barrel under his chin and blow his head all over the front yard. To think that 31 states allow for this is absurd!

    August 26, 2013 at 9:10 am | Reply
  7. joe

    He should start with alimony,then when shes 18 she should sue him for damages

    August 26, 2013 at 9:08 am | Reply
  8. Outraged

    As a survivor, I can tell you this is like raping the girl all over again. I have no words for this right now. For 31 states to give these monsters visitation is unconscionable. I am speechless.

    August 26, 2013 at 8:59 am | Reply
    • tgeorges

      Although it seems unconscionable to you, consider that this guy was ordered to pay child support to the little girl until she is 18 – basically, he's financially supporting a child. So he should have no say in her life other than cash? You can't have it both ways. He was forced to pay child support because he's the child's father. So he is the child's father. But then he's not allowed to see his child because...he's not her father? Either he's the father or he's not. What did he do to the child that should keep him away from her?

      August 27, 2013 at 6:38 pm | Reply
  9. tom

    The guy should have gotten the death sentence for raping a child.

    August 26, 2013 at 7:34 am | Reply
  10. Greg

    Only in America....He should be happy his testicles haven't been removed. Which leads into my suggestion, let him see the see, but only have spending 30 minutes of "quality time" with the victim's family and friends. Oh, and they get to share a pair of rusty scissors. Just sayin....

    August 25, 2013 at 11:20 pm | Reply
  11. lagunalady27

    Put rapists in jail for life, and this would be a non-issue. Problem solved.

    August 25, 2013 at 8:13 pm | Reply
  12. jun

    Rape is a crime, so granting visitation right to the offender to see the product of his offenses is tantamount to admitting it that rape is legal.....and means acquitting him from his convictions!!!

    August 23, 2013 at 2:15 am | Reply

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