A Michigan judge granted joint legal custody of an 8-year-old boy to a convicted sex offender who allegedly raped the child’s mother when she was 12 years old.
Christopher Mirasolo, 27, of Brown City, was granted joint custody of the boy after a DNA test showed he was the child’s biological father, Rebecca Kiessling, the victim’s attorney said, FOX59 reported.
Under a 2008 plea deal, Mirasolo served less than a year in jail after pleading guilty to attempted criminal sexual conduct in the then-12-year-old girl's case. Mirasolo also spent time in prison for a 2010 criminal sexual conduct conviction, according to Michigan Department of Corrections records.
Despite the plea deal and conviction, Sanilac County Circuit Judge Gregory S. Ross granted him joint custody and prosecutors ordered the victim to move to Michigan from Florida so that Mirasolo could be close to their son, FOX59 reported.
“This is insane,” Kiessling told Detroit News. “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.”
The Detroit News reported the case could be the first of its kind in the state and maybe the nation.
“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.
In September 2008, when Mirasolo was 18 years old, he reportedly raped the then-12-year-old and threatened to kill her. The woman, now 21, has not been named.
The alleged incident happened when the girl, 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 a ride.
“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” Kiessling said. “He threatened to kill them if they told anyone what happened.”
Mirasolo was arrested a month later after the girl realized she was pregnant. He pled guilty to attempted third-degree criminal sexual conduct and was sentenced to a year in jail – but he only served half the time so he could help take care of his ailing mother.
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.
“To her credit, she said she didn’t want the baby to be a victim, too,” said Kiessling. “She dropped out of school, went to live with relatives out of state and worked jobs to try and support herself.”
Barbara Yockey, Mirasolo’s attorney, said it is still unclear what kind of relationship Mirasolo will have with his son.
“I don’t know what his plans or intentions might be regarding any future relationship with the child,” his attorney told The Detroit News. “This might be something we will have a conversation about, but he has not been served with any other court papers and is not scheduled to be in court.”
The Associated Press contributed to this report.
Correction: An earlier version of the article stated that Mirasolo plead guilty to sexual assault. In fact, he plead guilty to attempted criminal sexual conduct, court records stated.