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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAnd it happens again....rapist awarded custody of child he fathered through rape
This guy was convicted of raping a 12 year old girl, who had a child. Now, nine years later, he gets joint custody and can victimize her over and over.
This enrages me.
It also point out that penalties for rape are laughably light. Losing reproductive choice means more of this will happen.
https://www.yahoo.com/news/man-raped-12-old-awarded-114904992.html
DURHAM D
(32,610 posts)Bettie
(16,110 posts)a twelve year old has a baby after a rape and she has to share custody with the guy who raped her.
What kind of country is this?
KS Toronado
(17,252 posts)Achilleaze
(15,543 posts)Pay no attention to what Republicans say. Through their black-money electronic fog and lies, they have earned zero trust from anyone, excepting perhaps the heinous, execrable Putin and his murderous raping troops.
Pay attention to what Republicans do. That's the real deal.
LoisB
(7,206 posts)Lochloosa
(16,065 posts)"I want to emphasize, at the time I signed the (initial order) on Sept. 22, 2017, I did not know that the defendant had raped the plaintiff," Ross told the courtroom.
It wasn't until the mother's attorney, Rebecca Kiessling, filed objections citing the rape that Ross found out about it, he said.
The Sanilac County Prosecutor's Office never presented that information to the judge, he said. The office gave him a "routine" joint custody order consented to by both the mother and Mirasolo, he said.
Bettie
(16,110 posts)but you'd think that someone would have taken a look at his record. He was convicted.
Thanks for the update.
Sanity Claws
(21,849 posts)If the mother was only 12 yoa, then she was raped as a matter of law. A 12 yoa is incapable of consent. A judge should know that.
If you didnt say it I was going to.
The Judge got caught being Republican is what happened.
uponit7771
(90,347 posts)... and I was dead on wrong.
Horse with no Name
(33,956 posts)However, there is generally leniency in Family Court. What a nightmare. Im glad that it was overturned.
kcr
(15,317 posts)She was 12 years old.
Response to Bettie (Original post)
Celerity This message was self-deleted by its author.
Phoenix61
(17,006 posts)of the offense. There is no indication he was related to his victim.
Response to Phoenix61 (Reply #7)
Celerity This message was self-deleted by its author.
Totally Tunsie
(10,885 posts)The "father" didn't particularly want custody, nor did he file for it. He got on the hook when the mother filed for State benefits.
The mother didn't particularly want the "father" in their lives, but she consented to joint custody? WHY?
What idiot judge would put these two parties together again?
localroger
(3,627 posts)...you know, like keeping the father present in the kid's life. That's usually considered a good thing. Fortunately the judge found out the actual circumstances and had the latitude to fix it in this case.
haele
(12,659 posts)Family court is different state to state - in some states, custody is awarded per wishes of the first parent that files and goes before unless there's some legal or safety issue that comes up during the hearing.
The mother may not have even gotten a summons to appear for the custody hearing until right before, depending on how the custody was filed and hearing scheduled.
The sad thing is that because she filled for child support -which she may have had do to continue to get state benefits for her son, he found out about the boy.
Haele
Totally Tunsie
(10,885 posts)That's all I have to go by.
cherish44
(2,566 posts)That is a child well below the age of consent in probably all states. Any judge would surely see notice the age of the mother and the child in the case.
Orrex
(63,215 posts)Spin the globe and throw a dart, and you'll almost certainly hit a better country than the one we're in.
Totally Tunsie
(10,885 posts)Hamlette
(15,412 posts)The 2017 article says she consented to joint custody. WTF? Maybe she had to to get state assistance?
The article in the OP is dated July 7 2021 so one year ago and seems to be unaware of the 2017 article wherein it was reported the judge reversed himself days after granting joint custody and took away all of the father's rights.
Muck reporting. Would be interesting to know the real story. the article linked in the OP seems to be purposefully failing to report the true story (that the custody order was corrected days later in 2017, 4 years before the article was written).
IronLionZion
(45,450 posts)Oh wait, just Michigan
musette_sf
(10,202 posts)is notorious gestational slavery and rapists rights advocate Rebecca Kiessling. This vile misogynistic POS is beyond abusive and cruel. Her rapists rights forced-birth organizations are ALL ABOUT stripping innocent impregnated sex crime victims of the right of self-protection in getting the criminals tainted and unwanted DNA removed. The fact that this depraved mental case then becomes an attorney to
advocate FOR the same innocent impregnated sex crime victims that SHE wants sentenced to gestational slavery with tainted mentally ill criminal DNA????
I hate Kiessling and everything she stands for. She rakes in HUGE tax-free piles of dough from her gestational slavery and rapists rights scams, and then, in one of the most baldly hypocritical moves I have ever seen in my lifetime, rakes in even MORE dough from the rapists innocent victims WHOSE TORTURE SHE WAS 100% COMPLICIT IN. Mental illness is hereditary in many cases, so it seems than the criminal mental illness of Kiesslings mothers rapist has been genetically perpetuated.
Facts about the vile Kiessling from the reproductive justice site Rewire:
https://rewirenewsgroup.com/ablc/2017/10/17/beware-anti-agenda-michigan-case/
CloudWatcher
(1,848 posts)This is (a) very old and (b) misleading. It has no place getting front-page exposure on DU.
The timeline as far as I can tell:
9/22/2017 Original order giving custody
10/10/2017 The shit hits the fan
https://www.detroitnews.com/story/news/local/michigan/2017/10/06/rape-victim-attacker-joint-child-custody/106374256/
10/17/2017 Decision was REVERSED! https://www.mlive.com/news/saginaw/2017/10/judge_reverses_decision_granti.html
7/7/2021. Clickbait hits yahoo!news again, with OLD version of the story.
https://www.yahoo.com/news/man-raped-12-old-awarded-114904992.html
The 2021 story on Yahoo!News did not include pointers to the reversal.
This story is crap, it did not "Happen Again".
There are enough actual horror stories around that we don't have to repeat bogus news.
Joinfortmill
(14,428 posts)Martin68
(22,811 posts)jmowreader
(50,559 posts)According to the article, Michigan law states that rape of someone under 13 years old - the mother was 12 - is punishable by life in prison, but the defendant was allowed to plead down to Attempted Criminal Sexual Conduct in the Third Degree. He served one year in jail.
Bettie
(16,110 posts)and did it again.
Well, he was sentenced to four, not sure how much time he served.
In most states in the US, keeping rapists from seeking custody of children conceived through rape requires a conviction. In a few it requires "clear and convincing evidence".
There's a map in this link that shows that. https://www.motherjones.com/crime-justice/2019/08/rapist-custody-abortion/
Someone complained about the story being "old".
Well, it is still happening, in Louisiana, a judge granted full custody of a child conceived by rape to the guy who raped her mother. After public pressure the judge reversed the decision TEMPORARILY, there will be a hearing on July 15th to determine if the man who raped the mother when she was 16 gets full custody (with child support) of the now-16 year old girl. Oh, and he has had partial custody for years and the mother had no recourse. The courts allowed him to continue to victimize her.
Now, we're looking at women who are raped being denied abortion, which will leave the door open for much more of this kind of fuckery.
Link to this story, yes it's People magazine, but there's no paywall: https://people.com/crime/judge-revokes-decision-give-dad-full-custody-after-mom-rape-accusation/
All of this will accelerate in the new "no abortion, women have no rights" right wing climate of state legislatures, the supreme court, and general republicanism.
Apparently, in republican world rape is a family value.
jmowreader
(50,559 posts)For Republicans, all their values go out the window when a baby enters the picture.
If these guys had committed rapes that didnt result in pregnancy, Republicans would be all for cutting off their dicks and making them eat them. But when a baby enters the equation
ooh, hes a daddy, its not fair he cant take part in his childs life! And you cant let the victim get an abortion because itll take the fathers rights to his child away!
Democrats, on the other hand, are perfectly fine with a criminal not having rights to the baby he conceived through rape.
live love laugh
(13,118 posts)LisaL
(44,973 posts)NT
pfitz59
(10,381 posts)if he tries to exercise his 'parental rights'. He would if she were my daughter.
LisaL
(44,973 posts)It's an old article.
But this guy never wanted custody.