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Rapist awarded joint custody of victims child in MI (Up: ruling stayed)

if you're wondering how they get away with this shit

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the even more fucked up thing is they did this just because she applied for food stamps.
This is straight up medieval. Then again, the US still has the death penalty, so I don't know what I expected.
 

tapedeck

Do I win a prize for talking about my penis on the Internet???
And yet people are worried about "sharia law".
?

Are you implying the enforcement of sharia law hasn’t had a history of being horribly brutal and inhumane?

OT anyway but these drive by posts irk me...
 

nded

Member
It doesn't even sound like it could be an honest mistake. Neither party asked for this and the documents that would prove biological parentage would likely imply that the father is a rapist and certainly a pedophile. It seems this was done on purpose and I can't imagine why.
 
This right here. State doesn't want to pay. They would rather get the rapist to do it even if it means imposing the dude into the victim's life.


Serial rapist.
Well I can see the state pursuing child support for the victim but to offer shared custody? That’s some crazy shit.

Looking at his past and making this dicision anyway... the judge should be disbarred.
 
I'm taking my quotes from the Detroit News article on the story.

So she was 12, he kidnapped her, raped her, and threatened to kill her.

He got her pregnant, so there was evidence.

But all of this resulted in... a plea deal for attempted third-degree criminal sexual conduct.

Wow, rape of children is sure taken seriously.

3rd Degree CSC has a maximum sentence of 15 years, and he was given one.
He was sentenced to county jail instead of prison, and didn't even serve his whole sentence.


And then he went and reoffended!
With another child!

Oh yes, that light sentencing sure stopped him coming out worse!




The mother chose to keep the child and care for it.
She moved away, got jobs, and got on with her life...
She did all the things they want people to do!
But because she applied for state assistance (because oh no, how dare she), they revealed her details to her rapist (or, fine, to play by their rules, the man convicted of attempting to commit third degree criminal sexual conduct against her when she was a minor), forced her to move back even though that probably means she lost the job or jobs she'd had, and awarded him joint custody.

Even with a history of sexual offenses against children on his record, when it's blatantly evident that the child in question is the result of his sexual offenses against children, THEY GAVE HIM JOINT CUSTODY OF THE CHILD.

There are no words for how completely fucked up that is.

This is one of the most offensive things I have ever read coming out of the justice system.
 

Mathieran

Banned
If I were her I would move to Canada. Fuck this country. I was just reading that other thread about the British guy getting jailed for alleged homosexual contact and was so outraged, but I think this is worse
 
?

Are you implying the enforcement of sharia law hasn’t had a history of being horribly brutal and inhumane?

OT anyway but these drive by posts irk me...

If you're not American you might not know that there are actually people protesting "Sharia law" in small towns around the US. They claim liberals want to let Muslims in and takeover the local laws.

He's making the observation that the results of this case sound like something you'd hear come from sharia law.
 

Fisty

Member
So if a paternity test proves without a doubt he is the father of an 8 year old child with a 21 year old woman, he gets joint custody of the child even though there is concrete, verifiable, and irrefutable proof that he is a child molester.

America... wtf?
 

tapedeck

Do I win a prize for talking about my penis on the Internet???
If you're not American you might not know that there are actually people protesting "Sharia law" in small towns around the US. They claim liberals want to let Muslims in and takeover the local laws.

He's making the observation that the results of this case sound like something you'd hear come from sharia law.
I am American and am aware of those protests..that’s not how I interpreted the post but if that’s what they really were trying to express they should have been much more clear.
 
Ehhh.. yeah. With good reason. But why this comment though?

?

Are you implying the enforcement of sharia law hasn’t had a history of being horribly brutal and inhumane?

OT anyway but these drive by posts irk me...
Sorry if my comment was vague. I meant people are paranoid about sharia law taking over America when America's legal system has its own problems. This is not a whole lot different than making a rapist marry the victim or other practices we condemn in other cultures.
 

ApharmdX

Banned
This situation is alarming. This man is a pedophile. He should be eligible for supervised visitation only, if that. The issue of legal custody is more complicated. And, while this situation is despicable because of the particulars, the entire child custody and child support system in the United States is broken and needs reform. edit: at a minimum, there should be federal standards to make these issues uniform between the states.

Welfare reform. Gotta make sure someone pays.

Shouldn't he be a sexual offender for life?

This is what it comes down to. God forbid the state help take care of children! Bootstraps and all that.
 
Remember if you're poor (thanks to being a single mother due to rape when you were literally a child) you have no rights if you wanna eat and feed your baby!

Fuck everything about this.
 
The fuck? My dad had to fight harder than hell to get equal custody for us kids after the divorce, and he's the most selfless, hard working, and caring person I know who has provided almost completely for us, and still lost his house and had to pay child support.

And this fucking rapist is handed custody?
Unbelievable.

I suppose there could be more to the story. Perhaps I should read the whole link. For all I know the father may have labeled a rapist because of some sudden claims by the mother in order to slander the father and help win the case.

Edit: nah, he appears to be a scoundrel rapist.
 
The fuck? My dad had to fight harder than hell to get equal custody for us kids after the divorce, and he's the most selfless, hard working, and caring person I know who has provided almost completely for us, and still lost his house and had to pay child support.

And this fucking rapist is handed custody?
Unbelievable.

I suppose there could be more to the story. Perhaps I should read the whole link. For all I know the father may have labeled a rapist because of some sudden claims by the mother in order to slander the father and help win the case.

Edit: nah, he appears to be a scoundrel rapist.
She asked for state support. And she was raped when she was 12. Your first freaking assumption is that she lied?! Go f*ck yourself.
 

Aiustis

Member
To those curious how this could happen:

If he was unaware of it the information probably wasn't provided. To those that are American, you need to read more about the differences between civil court and criminal court.
 

oneils

Member

llien

Banned
Convicted rapist
allegedly raped

My English might be failing me, but it sounds like it was an accused who allegedly raped, not convicted one.

PS
Never mind, read the article, WTF...

PPS
I"m even more confused, "attempted"??? How is he the father then?
Mirasolo pleaded guilty to attempted third-degree criminal sexual conduct and served a half-year in jail. He was later convicted for sexually assaulting another young girl.

and even this part:

Mirasolo's attorney said this motion came as a surprise to her client and was not pursued by them. She said they never talked about parental time and she's not sure if it's something he wants.

It is also not clear from the text, of custody was already awarded, or "could award".


PPPS
Looks more like prosecution fuck up.
http://www.abajournal.com/news/arti...to_father_accused_of_raping_th#When:15:19:00Z
 
She asked for state support. And she was raped when she was 12. Your first freaking assumption is that she lied?! Go f*ck yourself.

Um no. My first assumption was what I wrote first. Then in giving my recounting of my parents own custody battle, I realized how ruthless and despicable these battles can be. They tried all kinds of horrible things to make my dad look like a bad guy, and I thought, maybe we shouldn't all line up to condemn somebody based on a headline. In custody battles, especially in the 80s-90s, the dad is always assumed to be unfit from the get go, you should know.

So maybe you wanna chill out.
 
So I take it he didn't read the case at all and just put a signature down or something? How did he not know this.
From what I gathered on my quick reading of this a few days ago, this case came up because the state was trying to establish paternity so they could grant the victim's welfare claim. The intent of that requirement is probably so that the state can go after deadbeat dads. Both the rapist's and the victim's attorneys sound surprised by these proceedings, so I wouldn't be surprised if this is just the state fucking up by treating this as a run of the mill court order to establish paternity. It sounds like the rapist's history wasn't even included in the information provided to the judge, and since the victim nor her attorney weren't included in the proceedings, they never had the opportunity to bring it up before the order was issued.
 
What country and year are we in, wow

Unfortunately this isn't the first time nor will it be the last time.

I saw an update on this, not sure if posted:

http://www.abajournal.com/news/arti...to_father_accused_of_raping_th#When:15:19:00Z

Seems the judge was unaware of the father's sex offender status and has stayed his ruling.
WTF? That's like two minutes if even that to check, you don't even have to search specifically the Michigan sex offender registry since it's also on the MDOC site as well.
My English might be failing me, but it sounds like it was an accused who allegedly raped, not convicted one.

PS
Never mind, read the article, WTF...

PPS
I"m even more confused, "attempted"??? How is he the father then?


and even this part:



It is also not clear from the text, of custody was already awarded, or "could award".


PPPS
Looks more like prosecution fuck up.
http://www.abajournal.com/news/arti...to_father_accused_of_raping_th#When:15:19:00Z

It's "alleged" because of the plea he agreed to and should have never received.
 

Sean C

Member
WTF? That's like two minutes if even that to check, you don't even have to search specifically the Michigan sex offender registry since it's also on the MDOC site as well.
It's the responsibility of the attorneys presenting the matter to provide the court with the facts. If they didn't do that, that's on them.
 

jacobeid

Banned

oneils

Member
The staff in the judge's office are incredibly stupid and incompetent.

I work in the legal department of a state government agency. There is no way this was missed unless, again, the people working there are stupid and incompetent.

But you don’t work for a court. Is it standard procedure for judges to go looking for facts or evidence that was never offered? Serious question. I don’t know how family court works.
 

Van Bur3n

Member
The American legal system is allowing a pedophile to have joint custody of the child of the victim he raped.

America is a terrible country.
 
It's the responsibility of the attorneys presenting the matter to provide the court with the facts. If they didn't do that, that's on them.
Of course it is and if the attorney was that inept they need a serious review.
The American legal system is allowing a pedophile to have joint custody of the child of the victim he raped.

America is a terrible country.

It's not going through... Also America isn't the only country this happens or worse.
 

Sean C

Member
But you don’t work for a court. Is it standard procedure for judges to go looking for facts or evidence that was never offered? Serious question. I don’t know how family court works.
No, it's not. Judges are meant to adjudicate based on the evidence of the record.

They can and do research additional legal precedent, if they feel it's needed, but that's law, not fact.
 

Keri

Member
But you don’t work for a court. Is it standard procedure for judges to go looking for facts or evidence that was never offered? Serious question. I don’t know how family court works.

Not only is it not standard, it would be completely inappropriate for a Judge to independently search for evidence on a case.
 
Not only is it not standard, it would be completely inappropriate for a Judge to independently search for evidence on a case.

Then the party arguing for the mother's custody should step down. How the fuck could they not present that?!
 

Keri

Member
Then the party arguing for the mother's custody should step down. How the fuck could they not present that?!

It's hard to tell for sure, but this excerpt from the original article:

Her attorney said when the woman applied for state aid, Sanilac County assistant prosecutor Eric Scott filed a motion to establish paternity and collect child support.

"He claims my client agreed to it and even claimed she signed the judgment, and I'm like, 'No, she didn't. I have it right here,'" said Rebecca Kiessling, the victim's attorney.

Gives the impression the mother did not have an attorney present at the initial hearing and the Judge was misled by the prosecutor, into believing the mother had agreed to share custody. So, if I had to take a guess who is responsible for this, I'd guess the prosecutor identified above. He initiated the proceedings that led to this order without investigating any details and apparently misrepresented the mother's position. (At least, that's what it sounds like).
 

Ploid 3.0

Member
Poor lady's life is ruined. I don't see how she will handle that. It's like a punishment for her, what kind of judge does this? What kind of laws allow this? Seeing that map is makes me very sad for how things are.
 
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