Protecting Mothers of Children Conceived in Rape

MOTHER, GIVES BIRTH AND RAISES CHILD CONCEIVED IN RAPE WHEN SHE WAS A 12 YEAR OLD CHILD. JUDGE GRANTS PARENTING TIME AND JOINT LEGAL CUSTODY TO THE CONVICTED SEX OFFENDER WHOSE SEXUAL ASSAULT IMPREGNATED THE MOTHER
 

Prof. William Wagner comments on the story on the Steve Gruber show this morning:

According to a press release issued by the attorney for the mother:
After DNA testing established paternity, a Michigan judge awarded parenting time and joint legal custody to a convicted sex offender who forcibly raped and threatened to kill the minor child’s mother 9 years ago when she was 12 years of age and Mirasolo was 19 years of age.  The child conceived in rape is now 8 years old. 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.
 
Just by the age of the rape victim alone, Mirasolo’s actions — penetration of a minor under the age of 13 — constitutes 1st degree Criminal Sexual Conduct. MCL 750.520b(1)(a).  The sentence “for a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age” should have been a mandatory “imprisonment for life or any term of years, but not less than 25 years.”  MCL 750.520b(2)(b), but the prosecutor’s office and the court granted a plea deal for “attempted” 3rd degree criminal sexual conduct, and he only served 6-1/2 months in county jail, before committing another sexual assault on March 19, 2010, against a victim between the ages of 13 and 15.  He served only 4 years for that second offense.
 
A so-called “Consent Judgment of Filiation” prepared by the family support division of Prosecutor James V. Young’s office, was entered by the Court, without the mother’s consent.  
 
After being informed by the prosecutor’s office that she had to move from her residence in Florida back to Michigan and that her rapist had been granted parental rights, she sought assistance through Right to Life of Michigan since they had championed a bill to suspend and terminate the parental rights of rapists.  The Rape Survivor Child Custody Act was signed by President Obama in June, 2015 giving an incentive to states if they pass the law using the “clear and convincing evidence standard,” without the necessity of a rape conviction.  The Michigan version (MCL 722.25(2)) was signed into law by Gov. Snyder last year. An attorney for the mother, herself conceived in rape, is now representing this rape victim mother on a pro bono basis.
 
Objections and a motion will be filed on behalf of the rape victim mother on Fri. morning, Oct. 6th, with a hearing on Wed. the 25th at 2:30 p.m.. This case is believed to be the first case of its kind in Michigan, and perhaps in the U.S., in which a rape victim will seek protection under the new Rape Survivor Child Custody Act and proves why a rape conviction should not be required.