Man Who Rapped a 12-Year-Old Girl and Was Awarded Joint Custody of Her Child.
A man who raped a 12-year-old girl was awarded joint custody of her child after DNA testing established he is the father. The ruling is the first time a rape victim has been awarded custody of her child, according to The Detroit News.
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Christopher Mirasolo was convicted of sex assault and aggravated sexual battery nine years ago. He served less than half his sentence for those charges before being released to care for his sick mother, the woman’s lawyer said.
The alleged victim was lured to Mirasolo’s home and held captive for two days before being freed, Kiessling told reporters. She says he later sent her client text messages asking her to come back and give him money for his baby.
When she did, Mirasolo allegedly forcibly raped her in front of the child, slapped her and made sexual advances on her, according to The Detroit News. The victim’s lawyer, Rebecca Kiessling, is seeking protection under the federal Rape Survivor Child Custody Act. She claims that the ruling is “insane” and violates her client’s rights.
In addition to being a sex offender, Mirasolo was also convicted of stealing from her nine years ago. He was given a one-year sentence for that offense but only served six and a half months before being released to care for his mother.
Now, the victim and her lawyer are fighting to have Mirasolo’s name removed from her daughter’s birth certificate. She wants to have the court halt his access until she is able to obtain legal representation for her client, now 21.
The judge who awarded Mirasolo the joint custody of her daughter has issued an order requiring that he not move more than 100 miles from where she lives without her permission. She will continue to file objections to the decision, which she says is a violation of her client’s rights under the federal Rape Survivor Child Custody Law.
She has asked the Sanilac County Prosecutor to review the decision and ask that it be vacated. She says the case should have been reviewed under a new law passed in 2015 that allowed courts to dismiss the parental rights of convicted rapists over children conceived as a result of their rapes.
In other cases, the alleged victims have sought protection under the Rape Survivor Child Custody law after their rapists were unable to obtain custody of them. The laws are intended to help a victim of sexual abuse recover some of their rights as well as gain more funding for victims’ services.
A man who raped a girl in 2017 was found to be the father after DNA profiling was conducted, Northern Territory Supreme Court heard Wednesday. Justice Barr said the child had suffered a lot and was “badly let down” by her family and carers. The 28-year-old had previously been convicted and jailed for two cases of aggravated assault against women and recklessly endangering life.
The judge who awarded joint custody to Mirasolo last month also ordered that his name be added to the child’s birth certificate without her consent. Her attorney, Rebecca Kiessling, is currently seeking protection for her client under the Rape Survivor Child Custody act, and has filed objections to the decision. She claims that the decision is a violation of her client’s right to privacy and that there was no hearing or consent obtained by the victim prior to the ruling.