A Michigan judge has granted joint custody of an 8-year-old boy to a convicted sex offender who allegedly raped the boy's mother when she was 12.
Christopher Mirasolo, 27, was awarded joint legal custody by Judge Gregory S. Ross after DNA testing proved that Misasolo is the child's father, reports The Detroit News.
"This is insane," said the victim's attorney, Rebecca Kiessling, who is seeking protection for mother and son under the federal Rape Survivor Child Custody Act, the Daily News observes.
A hearing is scheduled for October 25.
The mother, who is now 21, claims that Mirasolo forcibly raped and threatened to kill her in September 2008. Mirasolo was 18 at the time.
According to Kiesling, the victim was with her 13-year-old sister and another friend when they were kidnapped by Mirasolo, who allegedly kept them captive for two days in an empty house, threatening to kill them if they snitched on him.
A month later, the 12-year-old realized she was pregnant and Mirasolo was arrested.
"She and her family was told first-time sex offenders weren't sent to prison because people come out worse after they go there," Kiessling said. "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."
Mirasolo was given a plea deal for attempted third-degree criminal sexual conduct and sentenced to a year in prison, but was released after six months.
When Ross granted Mirasolo custody, he ordered the mother to add his name to the child's birth certificate.
This was done without the victim's consent, Kiessling contends. "An assistant prosecutor on this, Eric Scott, told me she granted her consent, which is a lie," Kiessling said. "She has never been asked to do this and certainly never signed anything."
"I think this is all crazy," the victim told the Detroit News on Oct. 6. "They 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."
In March 2010, Mirasolo spent four years in jail for raping a girl between the ages of 13 and 15, Kiessling said.
Mirasolo's attorney, Barbara Yockey, said it's unclear what his client's future involvement will be with his son.
"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," said Yockey.