A judge has ordered that a convicted sex offender in Michigan receive joint custody of an 8-year-old child he fathered after raping the child’s mother when she was only 12-years-old.
According to the victim’s lawyer, Rebecca Kiessling, her client and her sister sneaked out of their home to meet with some boys one night. That’s when Kiessling’s client met her alleged rapist, Christopher Mirasolo. Mirasolo, who had been 18 at the time the rape allegedly occurred, asked the then 12-year-old woman and her then 13-year-old sister if they would like a ride somewhere. Both girls agreed to go along with Mirasolo, believing they would be “going to McDonald’s or somewhere.”
Instead, Kiessling says that Mirasolo kidnapped the girls. He drove them to Detroit where he stole gas from a station and took them to a vacant home in Sanilac County where he held the girls captive for two days. Mirasolo would eventually release the sisters, warning them that they would be killed if they ever told anyone about what happened. Mirasolo was arrested a month later when it was discovered that the younger of the two sisters, Kiessling’s client, had been pregnant.
According to The Detroit News Mirasolo had been facing up to life in prison, instead, he was given a plea deal. Charged with attempted third-degree criminal sexual conduct, Mirasolo was sentenced to serve a year in county jail. This sentence was reduced further when he received early release in order to care for his sickly mother. In total, Mirasolo served only six and a half months.
Kiessling told the publication, “She (client) and her family was told first-time sex offenders weren’t sent to prison because people come out worse after they go there.”
In March of 2010, Mirasolo was charged with sexual assault on a victim between the ages of 13 and 15 years old. For this second offense, Mirasolo served only four years.
According to the victim and Kiessling, the legal proceedings for paternity of the child began when the victim was asked to fill out a survey regarding child support. A paternity test ordered by the court was able to establish Mirasolo as the child’s father.
“I think this is all crazy,” the victim told The Detroit 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.”
The judge presiding over the case gave Mirasolo the victim’s address and ordered that Mirasolo’s name be added to the child’s birth certificate. According to Kiessling, none of this information had been disclosed to her client. She wouldn’t learn of the order until receiving a notice informing her that she would not be allowed to move within 100 miles of where she had currently been living or else she would be held in contempt of court.
Kiessling hopes she can overturn the court’s ruling under the protections of the federal Rape Survivor Child Custody Act. A hearing is scheduled for October 25, 2017.