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Court Awards Custody to Rapist Whose Victim Kept the Baby

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A mother of an 8-year-old child is seeking protection after the man she alleges raped her is was awarded joint legal custody and parenting time. DNA tests revealed that Christopher Mirasolo, the man who was accused of attacking the woman, was indeed the father of her child, prompting a judge to issue the order.

As reported by The Detroit News, Judge Gregory S. Ross awarded joint legal custody of the child to Mirasolo, 27, after DNA testing formally established paternity. In addition to custody, the judge also ordered that Mirasolo’s name be added to the birth certificate and disclosed the rape victim’s address to her alleged attacker.

All of these decisions were made without the victim’s consent or her participation in a hearing.

The woman is now seeking protection under the Rape Survivor Child Custody Act, and a hearing has been scheduled for October 25.

Details provided by Rebecca Kiessling, the woman’s attorney, asserted that the court became involved after the country surveyed the victim regarding any child support she may have received over the past year.

“This is insane,” said Kiessling after filing objections on Friday. “Nothing has been right about this since it was originally investigated. [Mirasolo] was never properly charged and should still be sitting behind bars somewhere, but the system is victimizing my client, who was a child herself when this all happened.”

Kiessling also stated, “An assistant prosecutor on this, Eric Scott, told me she had granted her consent, which was a lie. She has never been asked to do this and certainly never signed anything.”

During an interview, Kiessling said that her client was told she was “not allowed to move 100 miles from where she had been living when the case was filed, without court consent” and that the woman was instructed “to come home immediately or she would be held in contempt of court.”

According to Kiessling, Mirasolo raped and threatened to kill her client nine years ago, in September 2008, when the woman, now 21, was 12 years old. Mirasolo was 18 at the time of the incident.

“She, her 13-year-old sister and a friend all slipped out of their house one night to meet a boy and the boy’s older friend, Mirasolo, showed up and asked if they wanted to go for a ride,” stated Kiessling. “They thought they were going to McDonald’s or somewhere.”

Kiessling continued, saying, “Instead, he tossed their cellphones away, drove to Detroit where he stole gas from a station and then drove back to Sanilac County, where he kept them captive for two days in a vacant house near a relative, finally releasing the older sister in a park.” Kiessling added, “He threatened to kill them if they told anyone what happened.”

One month later, Mirasolo was arrested, and Kiessling said her client was then pregnant. The victim decided to keep the child.

Mirasolo received a sentence of one year in county jail after he was given a plea deal, downgrading from charges that could carry penalties up to life in prison and a minimum sentence of 25 years. Kiessling stated that Mirasolo only served six months as he was released so he could care for his ailing mother.

In March 2010, Mirasolo sexually assaulted a victim between the ages of 13 and 15 years old. Mirasolo served four years for the second offense.

Barbara Yockey, Mirasolo’s lawyer, asserted that her client “never initiated this.” She went on to say, “It was something routinely done by the prosecutor’s office when a party makes application for state assistance.”

Yockey said, “I don’t know what [Mirasolo’s] plans or intentions might be regarding any future relationship with the child,” continuing, “This might be something we will have a conversation about, but he has not been served with any other court papers and is not scheduled to be in court.”

The mother of the child told reporters, “I think this is all crazy.” She went on to say, “[Government officials] never explained anything to me. I was receiving about $260 a month in food stamps for me and my son and health insurance for him. I guess they were trying to see how to get some of the money back.”