Sanilac County Circuit Judge Gregory S. Ross awarded Christopher Mirasolo, age 27, of Brown City, joint legal custody of his eight-year-old son, and released the victim's address to him, according to The Detroit News.
The victim, who lives out of state, has been told that she cannot live more than 100 miles from where the incident took place or she would be held in contempt.
The victim's attorney Rebecca Kiessling, said that Judge Ross' decision came after DNA testing showed that Mirasolo was the father of his victim's child. But apparently neither Mirasolo nor the victim ordered the DNA testing.
The incident occurred in 2008, when the victim, then 12-years-old, slipped out of her house along with her 13-year-old sister and a friend. They went to meet a boy, and the boy's older friend Mirasolo, then 18, showed up.
Mirasolo asked the victim, her sister, and the friend if they wanted to go for a ride, and they agreed. They later said they thought he was taking them to McDonald's.
Instead, Mirasolo threw their cell phones away, and drove to Detroit, where he stole gas from a station, and then drove back to Sanilac county.
Mirasolo kept all three captive in an abandoned house near a relative. According to Kiessling, he forcibly raped the victim and threatened to kill her. After two days, he released the victim's sister in a park.
He had threatened them since they left with him and said that he would kill them if they told anyone about what had happened.
Mirasolo was arrested a month later, and later given a plea deal to attempted third-degree criminal sexual conduct by the Sanilac County Prosecutor's Office. He served one year in the county jail but was released after six and one-half months so he could care for his sick mother.
In March, 2010, Mirasolo was convicted of sexually assaulting a victim between 13 and 15 years old. He served four years for that charge.
After the victim was raped, her family suggested abortion or adoption for the baby, but the victim refused and she didn't want her child to be a victim, too.
She dropped out of school and moved in with relatives who lived out of state, and worked jobs to try and support herself.
Kiessling said said that the victim is now seeking protection under the federal Rape Survivor Child Custody Act, and that she has filed objections with Judge Ross. A hearing for that matter is set for October 25.
The DNA testing was ordered after Sanilac county 'surveyed' the victim about child support that she had received in the past year.
Kiessling said, “This is insane. 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.”
Judge Ross also ordered that Mirasolo's name be added to the child's birth certificate as the father. Kiessling said that the judge did this without the victim's consent or a hearing.
Assistant Prosecutor Eric Scott told Kiessling that the victim had never been asked for her consent and had not signed anything.
On Friday, the victim said that county officials had not explained anything to her. She said that she was receiving $260 a month for food stamps and health insurance, and that she believed the county wanted a way to get that money back.
It is not known if Mirasolo wants to be a part of his son's life.