Crosspost "I (M29) was raped by a woman (F34/35?) and have to pay child maintenance for the twins she gave birth to." from /r/LegalAdviceUK:

Location: England

In the Summer of 2016 I was restrained and raped by a woman on a Tinder date which went wrong. I reported it to the police, and she was eventually charged with sexual assault, assault, and battery.

As a result of the rape she became pregnant and gave birth to a pair of twin girls. However, to the best of my knowledge, these were raised by her mother during the four years she spent in prison.

My problems began at the end of 2020 when she was released and regained custody of the children from her mother. She has filed an application for Child Maintenance through the CMS, who have decided that I am to pay £887.94 per month to the woman who raped me.

I have explained my situation to the CMS in numerous phone calls, I have shown them the evidence I was raped including police reports, I have done paternity testing through "CellMark" which confirmed I am almost certainly the father.

This monthly payment is severely compromising my ability to pay for my car and my mortgage, plus it's extremely traumatising to have to keep paying my rapist.

I spoke with the CMS about reducing payments, but they have simply stated that the only way would be to take into account "Shared care" where I look after the children for at least 1 night per week. An agent had the fucking gall to tell me that "The receiving parent is happy for you to see the kids up to 2 nights per week."

Why would I even want to have the product of me being raped in my house as a constant reminder?!

I've exhausted the CMS complaints procedures.

I've already spoken to a solicitor who informed me that there are no exceptions in the Child Support Maintenance Calculation Regulations 2012 for victims of rape.

What else can I do? I've also written to my MP, but she politely declined to take the case due to a heavy workload with Covid-19 ongoing.

Posted by CMSInjustice | 11 August 2021 | Link