A man who raped a girl when she was 12-years-old has now been awarded joint custody of her child, despite being convicted of rape and sexual assault of another child. "If they are unable to agree, either party may file a motion.' The order is clear that, if the mother does not want the father to have visitation, she does not have to provide it", the prosecutor's office said.
The woman went to the Sanilac County Prosecutor's Office to complete, and sign, a paternity questionnaire, in which she disclosed the father's name, Christopher Mirasolo, and address.
Mirasolo's attorney told The Detroit News he did not initiate court proceedings and said he's unsure if he will pursue a relationship with the victim's child.
Kiessling, who specializes in cases involving children and survivors of rape, said she was shocked at how quickly the case moved through the court, and this was apparently a standard practice for the prosecutor.
The statement also outlined that even though Mirasolo has been given legal joint custody of the child, he never requested that right. "She further signed an agreement to cooperate with pursuing paternity and signed a statement authorizing the disclosure of her address", the press release said.
Kiessling said the victim's family urged her to have an abortion or give him up for adoption, but she insisted on keeping the baby. In Michigan, joint legal custody enables both parents to share decision-making authority about a child's welfare.
The victim was told by the prosecutor's office she needed to move from Florida back to MI so that Mirasolo could be near the child, Kiessling said.
The BBC also wrote that the victim, who now lives in Florida, has to now move back to MI.
A judge had granted parental rights to MI resident Christopher Mirasolo, who attacked a preteen nine years ago but served less than a year.
There he allegedly kept them captive for two days in an empty house before finally releasing the 13-year-old in a park.
"First of all, a rape victim should not have to be tethered to her rapist for 8 years", Kiessling said. A hearing has been scheduled for October 25. He has never been given the right offenses and should still be behind the bars, but the system targets my client, who was a child when all this happened, "he added". "She deserves to be fully protected from her rapist, as well as the child". He spent just six months in prison after the court allowed him to step out to take care of his sick mother.
He accepted a plea deal in 2008 in the rape case and served less than a year in prison on a criminal sexual assault charge and another four years for criminal sexual assault against a child.