BROWN CITY, Mich. (WSVN) — A Michigan judge has awarded joint custody of an 8-year-old child to a man who is accused of raping the boy’s mother when she was 12 years old.

According to the Detroit News, 27-year-old Christopher Mirasolo was awarded joint custody by Judge Gregory S. Ross after a paternity test confirmed he was the father of the boy.

The newspaper reports that the victim’s attorney, Rebecca Kiessling, is currently seeking protection under the federal Rape Survivor Child Custody Act.

“Nothing has been right about this since it was originally investigated,” Kiessling told the Detroit News. “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 raped and threatened to kill her client when she was only 12 years old and Mirasolo was 18.

The Detroit News reports that Mirasolo was arrested a month later when the girl was pregnant and was later given a plea deal by the Sanilac County Prosecutor’s Office for attempted third-degree criminal sexual conduct.

He was sentenced to a year in jail, but only served six and a half months.

However, the newspaper also reports that in 2010, Mirasolo committed a sex assault on a victim between the ages of 13 and 15 years old. Kiessling said he only served four years in prison in that case.

Mirasolo’s attorney said it’s unclear what her client’s future involvement – if any – will be with the child.

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