A Michigan judge awarded joint legal custody of an eight-year-old boy to the man who was convicted of raping the boy’s mother nine years ago, when she was 12, The Detroit News reported.
Christopher Mirasolo, 27, is the biological father of the child, according to DNA testing.
“This is insane,” said Rebecca Kiessling, the victim’s attorney. “Nothing has been right about this since it was originally investigated. He 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 is fighting the ruling under the federal Rape Survivor Child Custody Act, and a hearing is scheduled to be held on Oct. 25, according to the News.
Judge Gregory S. Ross disclosed the young victim’s address to Mirasolo in the custody case and ordered that his name be added to the boy’s birth certificate, Kiessling said, without consent from the victim, now 21, herself.
“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,” Kiessling said.
Mirasolo was 21 when he raped and threatened to kill the 12-year-old girl in September 2008, according to Kiessling.
“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,” said Kiessling. “They thought they were going to McDonald’s or somewhere.
“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. He threatened to kill them if they told anyone what happened.”
Mirasolo was arrested a month later after the 12-year-old girl was pregnant. He was given a plea deal by the court for third-degree criminal sexual conduct, which resulted in a sentence of only one year.
He only served six-and-a-half months in prison before he was released – especially astonishing because his initial charges had a maximum sentence of life in prison, according to the News.
“She and her family was told first-time sex offenders weren’t sent to prison because people come out worse after they go there,” said Kiessling.
Mirasolo committed a second sexual assault in 2010 on a victim between the ages of 13 and 15. He served just four years in prison for the crime.
“I think this is all crazy,” the victim anonymously told the News. “They (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.”
[Image: Michigan Department of Corrections]