A shocking legal battle is playing out in Massachusetts, where a man convicted of statutory rape could be allowed to visit the child that he fathered with his victim.

Jamie Melendez pleaded guilty to four counts of statutory rape in 2011 and was sentenced to 16 years of probation. In his request for visitation rights, Melendez argues he should be allowed to see his child since he is required to pay $110 a week for child support.

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The unidentified woman, now 19, was 14 when she says Melendez intimidated her into a sexual relationship.

The woman's lawyer, Wendy Murphy, joined Shannon Bream this afternoon to discuss the emotional legal dispute. She argues that the matter has no business being in family court, where her client has to see her attacker regularly.

She wants a federal judge to revoke the family court provisions of Melendez's probation after a state court refused.

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"[Jamie Melendez] was predatory. This was not a relationship at all and the fact that it's called statutory is such a misnomer. Indeed it was rape of a child," said Murphy, who asked the criminal court judge to order Melendez to pay restitution to her client as part of the criminal probation system. Instead, the judge said the matter of child support would have to be handled in family court.

"We're in federal court because it's so offensive to frame this serious crime of rape of a child as a family," said Murphy. She says she believes the federal court will side with her client, and hopes it happens quickly.

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