GUILTY MI - Accused rapist given joint custody of child he fathered with victim, Oct 2017

[Spellbound]

Thank you
I agree In part that I wouldn't sign without knowing all the facts however the facts are out there on the public domain with it being subject to criminal proceedings and its not the judge per se that I would hold it against but a change in the legal system overall to protect victims

Thanks so much for the info


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gotcha! there were definitely critical errors made here that need immediate fixes. This should never have happened. In late 2016 new rules were enacted to avoid exactly this type of situation... so where it went wrong is still a bit mysterious to me. I do blame the poor skills of the court system ... but exactly who/why is responsible is not completely clear to me.

Thanks, Angleterre!

 

[jjenny]

Romantic relationship? She was 12 years old. And he was 18 year old which is legally an adult. Boggles the mind. By the way victim wanted him prosecuted to the fullest extent of the law. But he only served six months. And of course not that long after he got out he was accused of a similar crime and served four years for that one.

"...be prosecuted to the "fullest extent of the law" so no one else would be victimized, the paper reports. He initially faced an assault of a minor charge that carried a minimum term of 25 years in prison, but was allowed to plead guilty to a lesser charge of attempted third-degree criminal sexual conduct and given a one-year jail sentence, reports the Detroit News, of which he served less than seven months."


https://www.cbsnews.com/news/judge-...-rapist-joint-legal-custody-of-victims-child/

 

[BetteDavisEyes]

Judge, prosecutor vow changes over custody, rape case

Sandusky — A Sanilac County judge and prosecutor vowed Tuesday to take action to avoid a repeat of a controversial ruling that granted a twice-convicted rapist partial custody of a child conceived during his sexual assault of a 12-year-old girl in 2008.

During a brief hearing, Judge Gregory Ross rescinded his Sept. 22 decision that granted parental rights to sex offender Christopher Mirasolo, while county Prosecutor James Young apologized “for the manner in which this case was handled.”

Both officials said they would review office procedures to prevent a similar situation.

Young also acknowledged mistakes in how the case was handled...

http://www.detroitnews.com/story/ne.../sex-offender-custody-case-hearing/106736162/

 

[Spellbound]

Romantic relationship? She was 12 years old. And he was 18 year old which is legally an adult. Boggles the mind. By the way victim wanted him prosecuted to the fullest extent of the law. But he only served six months. And of course not that long after he got out he was accused of a similar crime and served four years for that one.

"...be prosecuted to the "fullest extent of the law" so no one else would be victimized, the paper reports. He initially faced an assault of a minor charge that carried a minimum term of 25 years in prison, but was allowed to plead guilty to a lesser charge of attempted third-degree criminal sexual conduct and given a one-year jail sentence, reports the Detroit News, of which he served less than seven months."


https://www.cbsnews.com/news/judge-...-rapist-joint-legal-custody-of-victims-child/

that is what bothers me .... that he was able to plead to such a degree that he barely served time. Too bad we can;t go back and adjust his sentence. Grrrr.

 

[Angleterre]

I'm glad this case was revisited by the same Judge and I have to give him credit for his instruction to rescind the original order / ruling that he made because many others , through pride or sheer pig headedness, would not have done so. This should never have happened in the first instance ( Offender being given rights to visitation by the presiding Judge ) so let's hope that this Judge has learned a valuable lesson from this and will not make the same mistake again. We are all only human and no matter what our profession, we all make mistakes and sometimes for reasons unknown, bad decisions. It's then how you 'correct' your mistakes that becomes the most important and all encompassing part in MOO. So although it should never have been ruled in the Offenders favour , kudos to the Judge for reviewing his original decision and correcting his mistake ( if it is a male Judge which I believe it is ).

In the U.K. you cannot give consent to sexual intercourse if you are under the age of 13, no matter what the circumstances and no matter if the victim wanted to partake. You are deemed not capable of giving informed consent due to age and it is automatically RAPE even if the under 13 wanted to engage in the act. Age 13-16 you can give consent to Sexual intercourse but it is deemed 'Unlawful Sexual Intercourse ' and you will or can still be prosecuted for this offence but the offence is classed as USI and not rape.
How and why this offenders legal representative has allowed his own reputation to be tarnished by stating that his client , the offender, was believed to be in a 'romantic relationship ' with this 12 year old girl is beyond me! No matter what the laws are, we in the Western world are morally aware that this is very very wrong !
In some other Countries throughout the rest of the world, although we frown upon it and often feel disgusted by the thought of a 12 yr old having sex with a fully fledged adult, it is deemed acceptable in their customs BUT this doesn't apply in the Western world i.e. USA, UK, rest of Europe etc and I find it hard to believe that anyone is unaware of this fact whether Legally or morally.


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[Spellbound]

That’s a very good post, Angleterre. Your points are well-taken.

I did not not know about the ages 13-16 could consent, but it is deemed as “Unlawful Sexual Intercourse” in the UK. Interesting fact to know. Thanks twin for sharing.

 

[Angleterre]

That’s a very good post, Angleterre. Your points are well-taken.

I did not not know about the ages 13-16 could consent, but it is deemed as “Unlawful Sexual Intercourse” in the UK. Interesting fact to know. Thanks twin for sharing.

Lol was the word 'twin' a typo error ?
I only ask because I am actually a 'twin' lol and I have 'twin' children

Yes the law on this in the UK is black and white and clear cut
However, there are not a huge amount of prosecutions for Unlawful sexual intercourse because often the victim has had these relationships with a boyfriend and they don't want to give a statement naming the perpetrator.
But it is a clear offence.
It's also interesting to read the defences that can be put forward for USI and it's to do with the age of the offender and how old he or she reasonably believed the victim to be and consequently there can be a more lenient sentence given or conversely a more lengthy sentence handed down.



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[Angleterre]

That’s a very good post, Angleterre. Your points are well-taken.

I did not not know about the ages 13-16 could consent, but it is deemed as “Unlawful Sexual Intercourse” in the UK. Interesting fact to know. Thanks twin for sharing.

Thank you by the way for your generous comments. As you can probably detect, I'm LE (or was ) in the UK and it never really leaves you [emoji39]


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[BetteDavisEyes]

*Breaking News* Just heard on WWJ radio (CBS, Detroit) that Sanilac County prosecutor who handled case has been fired! I have to leave shortly for my allergy injection but will see if I can find media link.

Assistant prosecutor in rape-custody case no longer county employee

The Sanilac County assistant prosecutor at the heart of a controversial case that temporarily gave a convicted sex offender parental rights is no longer with the prosecutor's office.
*
John Nevin, Michigan Supreme Court communications director, said in an email, "Eric Scott is no longer employed by the Sanilac County Prosecutor's Office."*...

http://www.thetimesherald.com/story...ody-case-no-longer-county-employee/781203001/

 

[BetteDavisEyes]

Prosecutor who handled Michigan convicted rapist custody case fired
Eric Scott failed to inform judge about rape

SANILAC COUNTY, Mich. - The assistant prosecutor who was handling a custody case related to a man who allegedly raped a 12-year-old girl was fired Friday.

A judge awarded joint legal custody to convicted rapist*Christopher Mirasolo earlier this month...

https://www.clickondetroit.com/news...-michigan-convicted-rapist-custody-case-fired

 

[Henry2326]

Prosecutor who handled Michigan convicted rapist custody case fired
Eric Scott failed to inform judge about rape

SANILAC COUNTY, Mich. - The assistant prosecutor who was handling a custody case related to a man who allegedly raped a 12-year-old girl was fired Friday.

A judge awarded joint legal custody to convicted rapist*Christopher Mirasolo earlier this month...

https://www.clickondetroit.com/news...-michigan-convicted-rapist-custody-case-fired

Interesting.....137,000 signatures on petition to fire the judge....I guess that rolled down hill. .IMO

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[BetteDavisEyes]

Decision in custody, rape case prompts review, changes

Sandusky — State and Sanilac County officials are acting to prevent a recurrence of a custody decision that gave a rapist parental rights to a child born from his assault of a 12-year-old girl, but a month after the case sparked widespread outrage, answers remain elusive.

Two reviews are underway to find what went wrong — one by the county prosecutor’s office and another by the state Department of Health and Human Services’ Office of Child Support.

Sanilac County Probate Judge Gregory Ross canceled an order giving Christopher Mirasolo joint legal custody of the child, an 8-year-old boy, on Oct. 17. A day later, county Prosecutor James Young fired Eric G. Scott, the assistant prosecutor who handled the case.

Scott could not be reached for comment. Young has since tightened his office’s policies for how such cases are handled...

http://www.detroitnews.com/story/ne...pist-custody-case-questions-linger/107418746/

 

[msphilosopher]

The prosecutor didn't tell judge but wouldn't the defense? I'm confused.

When deciding to grant custody to someone, wouldn't you look into/ know their criminal background? It seems like a no brainer.

The "I didn't know" plea seems like back peddling. JMO

 

[BetteDavisEyes]

Mom in rape custody case: State benefits cut

The woman who became tangled in a child custody case involving her rapist says the state has informed her she will lose food stamps and health care for her 8-year-old son, in part because of a account that has raised more than $100,000 on her behalf.

The woman, who has asked to be identified by her first name, Tiffany, said Wednesday she received a call from the Michigan Department of Health and Human Services notifying her of the benefit cutoff.

According to her, the state agency cited the account, as well as a now-suspended custody order that gave convicted sex offender Christopher Mirasolo parental rights to the boy.

Tiffany said her caseworker told her she would lose benefits she has received for about three years, consisting of less than $300 a month in food stamps and health insurance for her son...

http://www.detroitnews.com/story/ne...11/08/rapist-custody-case-benefits/107480136/