A man convicted of raping a 12-year-old girl has been awarded joint legal custody of the child she was forced to carry.
The ruling has sparked outrage from the survivor’s legal team, who say the decision re-victimises a woman who was herself a child when the abuse happened.
The case involves Christopher Mirasolo, now 27, who was convicted of sexually assaulting the girl in 2008. She became pregnant as a result of the rape and later gave birth to a son.
Despite that conviction, a judge has now granted Mirasolo parenting time and joint legal custody of the eight-year-old boy after a paternity test confirmed he is the father.
Custody decision sparks backlash
The ruling was handed down by Gregory S Ross, who also ordered that Mirasolo’s name be added to the child’s birth certificate. The court further provided him with the victim’s home address, all without her consent.
The survivor, now 21, is represented by attorney Rebecca Kiessling, who has filed objections and is seeking federal protection to block the custody order.
“This is insane,” Kiessling said. “Nothing has been right about this since it was originally investigated. He should still be sitting behind bars, but instead the system is victimising my client all over again.”
Kiessling is attempting to halt the ruling under the Rape Survivor Child Custody Act, which allows courts to terminate parental rights in cases involving rape.
History of sexual offences
Mirasolo, from Brown City, Michigan, was found guilty of third-degree criminal sexual conduct for the 2008 rape. He was sentenced to one year in jail but served only six and a half months.
According to court filings cited by The Detroit News, the survivor said Mirasolo threatened to kill her during the assault. She was 12 years old at the time.
Despite the conviction, Mirasolo was released early, reportedly to care for his sick mother.
Less than two years later, he committed another sexual offence. In March 2010, Mirasolo assaulted a second victim aged between 13 and 15. He was sentenced to four years in prison for that crime.
Second assault detailed in court
Kiessling told the court that the second offence involved multiple children. According to her account, the victim, her 13-year-old sister, and a friend left their home one night to meet a boy and his older friend, Mirasolo.
“They thought they were going to McDonald’s,” Kiessling said. “Instead, he threw away their phones, stole gas, drove them across counties, and held them captive for two days in a vacant house.”
She said Mirasolo eventually released one of the girls in a park and threatened to kill them if they reported what happened.
He was arrested about a month later, at which point the original rape victim was already pregnant.
Survivor chose to keep the child
The survivor told the court she decided to keep the baby because she did not want “the baby to be a victim too.” She left school, moved in with relatives, and worked to support herself and her child.
Her legal team argues that granting custody to her rapist forces continued contact and undermines her safety and autonomy.
The court-ordered custody arrangements will be reviewed at a hearing later this month.
Mirasolo’s attorney, Barbara Yockey, declined to comment on his prior convictions and said it remains unclear what role, if any, her client will ultimately play in the child’s life.
Featured image credit: Michigan Department of Corrections
