Man Gets Joint Custody Of Child Born To Woman He Raped

UPDATE 10/10: Lawyer Says Rapist Won't Seek Custody Of Victim's Child Under New Agreement

DETROIT (CBS DETROIT) - A Michigan judge has granted a convicted rapist joint custody of the boy that resulted from the sexual assault of the 12-year-old girl who became the child's mother.

Sanilac County Judge Gregory Ross granted parenting time and joint legal custody of the 9-year-old born from the rape to the rapist -- 27-year-old Christopher Mirasolo. He's a registered sex offender in Michigan.

The victim's attorney Rebecca Kiessling told the Detroit News the decision was "insane."

"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 filed objections Friday with Ross. "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 judge disclosed the rape victim's address to Mirasolo and ordered Mirasolo's name to be added to the child's birth certificate — all without the victim's consent or a hearing, Kiessling told The Detroit News.

"An assistant prosecutor on this, Eric Scott, told me she had granted her consent, which was a lie — she has never been asked to do this and certainly never signed anything," Kiessling added.

Mirasolo, who is currently on parole through the Michigan Department of Corrections, has to register as a sex offender, stay 1000 feet away from schools and child care centers, and be with a responsible adult if he's with a child under 17 -- according to MDC's supervision conditions.

And now he has joint custody of the child belonging to a woman he raped when she was 12 years old.

In 2008, Mirasolo accepted a plea deal and served less than a year on charges of third-degree criminal sexual assault (a conviction on the charge would have meant spending 25 years to life in prison) in connection with rape of the victim.  He served another four years for criminal sexual assault against a child (13-15 years old).

CBS Detroit has reached out to assistant prosecutor Eric Scott and the victim's attorney Rebecca Kiessling for comment - neither has replied.

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