A Louisiana judge just made a disturbing ruling. The judge ordered a woman to give the man she accused of raping her custody of the child who was conceived by the alleged rape.
The judge also ordered the woman to pay him child support.
That woman is Crysta Abelseth. She says she was raped by John Barnes, who is nearly twice her age, in 2005 when she was just 16. The age of consent in the state of Louisiana is 17, which on its own makes the judge's ruling controversial. Either way, Abelseth says the sexual encounter was not consensual.
It happened when Barnes offered to give her a ride home from a restaurant. Instead, he took her to his house and raped her, she says.
Abelseth described what happened once they arrived at his home. “Once inside, he raped me on his living room couch," she told WBRZ. But soon after, the teen says she found herself pregnant. “Everyone assumed it [the pregnancy] was from a boyfriend, and I let them believe that,” she said.
It wasn't until later that Barnes found out the child had been conceived during the alleged rape. “When my daughter was 5 years old, he found out about her, and once he found out about her, he pursued custody and wanted to take her away from me,” Abelseth said, confirming that a DNA test revealed the child was in fact biologically his. But she never thought he'd be able to actually take her child, now a teenager, away.
While it would tough to believe that a man accused of raping someone would end up getting custody of the child conceived from that rape, Abelseth says that's exactly what happened. “They granted him 50/50 custody despite the fact that [the child] was caused by rape," she said.
Once she learned her rights, Abelseth filed rape charges against Barnes in 2015. “I thought if I didn’t do it the next day, there was nothing I could do about it,” Abelseth reportedly said. “I went to a trauma counselor, and he said, 'No, you have 30 years after you turn 18.'”
But Abelseth says that nothing was ever investigated. According to the Tangipahoa Parish Sheriff's Office, the case is still open, but no charges have been filed. Abelseth says that it was "never even assigned to a detective."
It seems unbelievable that something as serious as rape wouldn't be investigated. But the 32-year-old says she believes it's because her rapist is "well connected." By that, she means he's the owner of Gumbeaux Digital Branding, a web company in Ponchatoula that works with local police. She even says he's threatened to use those connections against her to take her child, saying he could do it anytime he wants.
Even if rape cannot be proved, the fact that Abelseth was only 16 at the time would prove statutory rape on its own. “It seems pretty straightforward that not only did a crime take place, but as a result of the crime, this person should not have custody of the child,” Sean Cassidy, a lawyer with the Louisiana Foundation Against Sexual Assault, said.
Judge Jeffrey Cashe, the Lousiana judge who reportedly made the controversial ruling, declined to give a comment to WBRZ.
If you wish to make a donation to help Abelseth in her legal fight to get full custody of her daughter restored, you can do so at Save Liv35.
If you or someone you know has been a victim of sexual assault, the National Sexual Assault Hotline provides confidential 24/7 support. Call 800-656-HOPE (4673) or chat online at RAINN.
