A convicted rapist has been granted joint custody of his eight-year-old son, who was conceived when he allegedly raped the boy’s mother in 2008 when she was just 12.
Christopher Mirasolo, from Brown City, Michigan, was granted joint legal custody and parenting time after a positive paternity results confirmed he is the father.
And now, the victim’s attorney is seeking protection for the alleged victim and her son under the federal Rape Survivor Child Custody Act.
A hearing is scheduled for October 25, according to The Detroit News.
The case was initially reported by a local radio show The Steve Gruber Show, and is thought to be the first of its kind in Michigan, if not the United States.
The victim, who is not named, claims that the paternity test came after she was surveyed about the yearly child support she receives.
Christopher Mirasolo, from Brown City, Michigan, was granted joint legal custody and parenting time after a positive paternity results confirmed he is the father
The case was initially reported by a local radio show The Steve Gruber Show, and is thought to be the first of its kind in Michigan, if not the United States. The victim, who is not named, claims that the paternity test came after she was surveyed about the yearly child support she receives. Pictured is the Sanilac County Court where he was granted custody
‘This is insane,’ the victim’s attorney Rebecca Kiessling told the News.
The victim, who is now 21, claims that Mirasolo forcibly raped and threatened to kill her nine years ago. The now 27-year-old was 18 when the attack allegedly happened in September 2008.
Kiesling said that the victim was with her 13-year-old sister and another friend when they snuck out of their home one night to meet up with a boy and his older friend.
That older friend was Mirasolo, and he asked them if they wanted to go for a ride.
Thinking they would go to a McDonalds or somewhere similar they got in, but Mirasolo allegedly took their phones and threw them out before driving them to Detroit to steal gas and then back to Sanilac County.
There he allegedly kept them captive for two days in an empty house before finally releasing the 13-year-old in a park. She said he threatened to kill them if they told anyone what had happened.
Judge Gregory S Ross made the decision to grant Mirasolo custody, and then disclosed the victim’s address to him and ordered her to add his name to the child’s birth certificate
A month later the 12-year-old realized she was pregnant and Mirasolo was arrested.
‘She (the victim) and her family was told first-time sex offenders weren’t sent to prison because people come out worse after they go there,’ Kiessling told the News.
‘Nothing has been right about this since it was originally investigated. He was never properly charged and should be sitting behind bars somewhere, but the system is victimizing my client, who was a child herself when this all happened.’
Though the assault could have carried a life sentence or one no less than 25 years, Mirasolo was given a plea for attempted third-degree criminal sexual conduct and sentenced to a year in prison.
He didn’t serve the full year, though, and was let out after six months to care for his sick mother.
Judge Gregory S Ross made the decision to grant Mirasolo custody, and then disclosed the victim’s address to him and ordered her to add his name to the child’s birth certificate.
All of that was done without the victim’s consent or a hearing, Kiessling claims.
‘An assistant prosecutor on this, Eric Scott, told me she granted her consent, which is a lie,’ Kiessling told the News.
‘She has never been asked to do this and certainly never signed anything.’
The rape victim’s family suggested she abort the child or give it up for adoption, but she did neither and said ‘she didn’t want the baby to be a victim, too.’
‘She dropped out of school, went to live with relatives out of state and worked jobs to try and support herself.’
‘I think this is all crazy,’ the victim told the News on Friday.
‘They (police and other 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.’
Kiessling said that the victim was told she is not allowed to move 100 miles from her current address ‘without court consent’.
She was also allegedly told she had to ‘come home immediately’ or risk being found in contempt of court.
Those matters and others will be addressed at the hearing later this month.
This wasn’t Mirasolo’s only rape charge.
In March 2010, Mirasolo raped a girl between the ages of 13 and 15 but was only jailed for four years, Kiessling said.
Mirasolo’s attorney Barbara Yockey said it’s unclear what his future involvement will be with his son and declined to discuss any of his past cases when approached by the News.
‘Chris was notified of the paternity matter and an order of filiation was issued last month by the court saying he had joint legal custody and reasonable visitation privileges,’ she told the News.