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A judge rescinded his order giving a convicted rapist custody of his victim's child

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Updated October 18, 2017 08:32 AM EDT

A Michigan judge on Tuesday rescinded his order giving a convicted sex offender joint legal custody of a child born to a woman who said the man raped her when she was 12 years old.

Saniliac County Judge Gregory Ross said he was not aware of Christopher Mirasolo's two previous criminal sexual conduct convictions when he made his original ruling last month.

One of Mirasolo's past convictions involved the boy's mother, and Ross's new order grants him no parental rights concerning the child.

"I did not know that the defendant had raped the plaintiff, which resulted in the child being conceived," Ross wrote in Tuesday's order. "The question that everyone is asking is, 'How could a judge do such a thing?'"

"The answer is that this judge was not aware, did not have knowledge of the fact that the defendant raped the plaintiff, and the child was born as a result."

A judge has awarded a convicted rapist parenting time, and joint legal custody, of a child he conceived with a girl he raped when she was 12, our affiliate KUTV reported. He was also later convicted of another sexual assault on a child, according to media reports.

The man, Christopher Mirasolo, 27, was awarded joint legal custody of an 8-year-old boy, nine years after he was convicted of raping the child's mother, after a DNA test established paternity of the child, said the victim's attorney. The Detroit News reported on the case that has another hearing scheduled for Oct. 25.

The case is believed to be the first of its kind in Michigan and possibly the nation.


“This is insane,” said Kiessling to the Detroit News, who 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.”

Kiessling said Mirasolo forcibly raped and threatened to kill her client, who is now 21. Mirasolo was 18 when the crime occurred in September 2008.

Kiessling said the victim and her 13-year-old sister and a friend left their houses one night to meet a boy. Mirasolo, the boy's older friend, asked the kids if they wanted to go for a ride.

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“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. He threatened to kill them if they told anyone what happened,” Kiessling said.

The girl was pregnant a month later when Mirasolo was arrested.

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With Mirasolo facing 25 years to life for the assault, the Sanilac County Prosecutor's Office provided a plea for attempted third-degree criminal sexual conduct. Mirasolo served six months of his one-year sentence before his release.

Ross, according to the report, gave the victim's address to Mirasolo and ordered that his name be added to the birth certificate -- without the victim's consent or even a hearing according to Kiessling.

Kiessling also said the judge ordered that the victim not be allowed to move 100 miles from where she had been living when the case with filed without consent from the court.

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After he was released, Mirasolo was convicted of sex assault on a victim between the ages of 13 and 15 years old. He is said to have served four years for that offense.

The girl was urged to have an abortion or give the child up for adoption but according to her attorney, she didn't want the baby to be a victim too.

“She dropped out of school, went to live with relatives out of state and worked jobs to try and support herself,” Kiessling said.

Sexual assault victims are not named according to Detroit News and KUTV policy.

Mirasolo’s attorney said it wasn't clear if her client would have any future involvement with the child.

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