In re Paternity of J.L.H

In In re Paternity of J.L.H., 149 Wis.2d 349, 441 N.W.2d 273 (1989) the Wisconsin Court of Appeals rejected the claim that a fifteen-year-old boy who had sexual intercourse with an eighteen-and-a-half year old woman was not required to support the child of that relationship because he was a victim of sexual assault and the perpetrator should not profit from her criminal acts. The court stated: We reject appellant's argument that his paying child support to mother would permit her to benefit from her crime. Even assuming that mother criminally assaulted appellant, child support is paid to benefit the child, not the custodial parent. The custodial parent receives support payments in trust to be used for the child's welfare. . . . If voluntary intercourse results in parenthood, then for purposes of child support, the parenthood is voluntary. This is true even if a fifteen-year-old boy's parenthood resulted from a sexual assault upon him within the meaning of the criminal law. Id.