Published: Tue, October 10, 2017
World | By Paul Elliott

ATTORNEY: Rapist who was awarded child joint custody never asked for decision

ATTORNEY: Rapist who was awarded child joint custody never asked for decision

Sanilac County Circuit Judge Gregory Ross awarded Christopher Mirasolo, 27, parental rights to an eight-year-old boy after a DNA test showed he was the father of the child, according to The Detroit News. According to a MI law passed in 2016 under the Child Custody Act, "if a child custody dispute involves a child who is conceived as the result of acts for which 1 of the child's biological parents is convicted of criminal sexual conduct ... or is found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration, the court shall not award custody to that biological parent". "She deserves to be fully protected from her rapists, as well as the child".

And in another bad twist of fate, Mirasolo was just granted parenting time and joint legal custody of the victim's 8-year-old boy.

Any deal, however, would need to be approved by Prosecuting Attorney James Young before being finalized, she said.

The BBC reported that Mirasolo's attorney said she "didn't know what his plans or intentions might be regarding any future relationship with the child".

"The judge also restricted the child's domicile and residence, disclosed the rape victim's home address to her rapist, and ordered his name on the birth certificate - all without the mother's consent or any opportunity to be heard", Kiessling continued.

'An assistant prosecutor on this, Eric Scott, told me she granted her consent, which is a lie, ' Kiessling said.

Though her family wanted her to abort or give up the child for adoption, the victim made a decision to raise him herself, according to her lawyer, Rebecca Kiessling. The prosecutor's office also signed the order, as is standard procedure, the release states.

In the same statement by the Sanilac County Prosecutor's Office, it claimed the order that the victim signed stated "parenting time shall be as the parties agree".

Mirasolo didn't file any motions for custody. "What I didn't anticipate is a judge who at best is unaware of MI law, or at worst places rapist above victims".

In September of 2008, a 12-year-old girl, her 13-year-old sister and their friend, snuck out of their MI home in the middle of the night to meet a boy. It was during that time that he had allegedly raped her. "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". "But that doesn't mean that she wanted to be abducted and held for two days and raped". "Any rapist is unfit to be a parent, as far as I'm concerned", she said.

Mirasolo was arrested a month later after the girl realized she was pregnant.

Kiessling has called for a "full investigation" into the Sanilac County Prosecutor's Office over Mirasolo being recently granted custody of the child - nine years after he pleaded guilty to attempted third-degree criminal sexual conduct in the 2008 assault.

Mirasolo was initially sentenced to one year in county jail, but was released in less than seven months to care for his mother, who was sick.

"He's not going to attempt to see the child, no", Yockey said, adding she anticipates an October 25 hearing in the case to be canceled.

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