Michigan attorney for victim in rape custody case says judge 'blindsided'

(WXYZ) - There is new information in a Michigan case that is making national headlines.

The question? How did a convicted rapist get joint legal custody and visitation rights to a son born out of rape.  

The attorney for the mother puts the blame on the Sanilac County prosecutor as well as the judge.  

The judge put the entire case on hold Tuesday, with a stay. The attorney for the mother Tiffany, we’re using her first name only, says the mother did not sign this consent for the agreement that went before the judge last month.

It is the prosecutor who should have told the judge that this case, this 8-year-old boy, was a product of a rape.

"So, I really feel like the judge got blindsided here. I don’t think he knew all he needed to know. Although they should have noticed her signature wasn’t on it," Attorney Rebecca Kiessling. 

That consent order was signed by Sanilac judge Gregory Ross to grant joint legal custody and visitation of the child.  

The mother’s attorney puts the blame on prosecutor James Young for failing to inform the judge.   “The judge wasn’t on notice. There was no hearing, nothing. And this is complete violation of Michigan law.”

She also says the prosecuting attorney is the same one who cut a plea deal with Christopher Mirasolo back in 2008, after raping the mother Tiffany, then only 12 years old. The attorney gave us the picture of the baby boy born in June of 2009. She also says Tiffany was held against her will for two days in a house near Brown City.  

Mirasolo did only 6 ½ months in the county jail in his plea deal.  

“This prosecutor knew about the rape. I mean, the assistant prosecutor Eric Scott was also in court 9 years ago. He knew exactly who these people were. And he still said when I met in front of him last week, he said we did nothing wrong. We did nothing wrong.”

We reached out to Prosecutor Young again, and got no reply. His news on Tuesday only said his office is now reviewing its policies. The case is on hold until next Tuesday when the Sanilac County judge is expected to say a lot more.

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