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Date: 10-12-2017

Case Style:

State of Michigan v. Christopher Mirasolo

Case Number:

Judge: Gregory S. Ross

Court: Circuit Court, Sanilac County, Michigan

Plaintiff's Attorney: Eric Scott

Defendant's Attorney: Not Available

Description: Sandusky, MI - Judge Grants Joint Custody and Parenting Time To Child Conceived During Rape of 12-year-old

The State of Michigan sought to establish that Christopher Mirasolo, age 27, was the father of the 8-year-old boy conceived during the rape of a 12-year-old.

The Court found that Mirasolo was, in fact, the father of the child and ordered that his name be added to the child's birth certificate and that he have certain parental rights regarding the child.

Rebecca Kiessling, who represented the mother of the child, is seeking protection under the federal Rape Survivor Child Act.

Introduced in House (03/04/2015)


[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1257 Introduced in House (IH)]

114th CONGRESS
1st Session
H. R. 1257

To direct the Attorney General to make grants to States that have in
place laws that terminate the parental rights of men who father
children through rape.


_______________________________________________________________________


IN THE HOUSE OF REPRESENTATIVES

March 4, 2015

Ms. Wasserman Schultz (for herself, Mr. Marino, Ms. Frankel of Florida,
Mrs. Napolitano, Mr. Rangel, Mr. Price of North Carolina, Ms. Moore,
Mr. Meehan, Mr. Joyce, Ms. Fudge, Mr. Cohen, Mr. Carson of Indiana, Mr.
Honda, Mr. Lowenthal, Mr. McDermott, Mr. Tonko, Mr. Takano, and Mr.
Israel) introduced the following bill; which was referred to the
Committee on the Judiciary

_______________________________________________________________________

A BILL



To direct the Attorney General to make grants to States that have in
place laws that terminate the parental rights of men who father
children through rape.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Rape Survivor Child Custody Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Men who father children through rape should be
prohibited from visiting or having custody of those children.
(2) According to several studies, it is estimated that
there are between 25,000 and 32,000 rape-related pregnancies
annually in the United States.
(3) A substantial number of women choose to raise their
child conceived through rape and, as a result, may face custody
battles with their rapists.
(4) According to one study, 32.3 percent of women who were
raped and became pregnant as a result of the rape kept their
child.
(5) Another study found that, of the 73 percent of women
who became pregnant as a result of a rape and carried their
pregnancies to term, 64 percent raised their children.
(6) Rape is one of the most under-prosecuted serious
crimes, with estimates of criminal conviction occurring in less
than 5 percent of rapes.
(7) The clear and convincing evidence standard is the most
common standard for termination of parental rights among the 50
States, territories, and the District of Columbia.
(8) The Supreme Court established that the clear and
convincing evidence standard satisfies due process for
allegations to terminate or restrict parental rights in
Santosky v. Kramer (455 U.S. 745 (1982)).
(9) Currently only 6 States have statutes allowing rape
survivors to petition for the termination of parental rights of
the rapist based on clear and convincing evidence that the
child was conceived through rape.
(10) A rapist pursuing parental or custody rights forces
the survivor to have continued interaction with the rapist,
which can have traumatic psychological effects on the survivor,
making it more difficult for her to recover.
(11) These traumatic effects on the mother can severely
negatively impact her ability to raise a healthy child.
(12) Rapists may use the threat of pursuing custody or
parental rights to coerce survivors into not prosecuting rape,
or otherwise harass, intimidate, or manipulate them.

SEC. 3. GRANTS AUTHORIZED.

The Attorney General shall make grants to States that have in place
a law that allows the mother of any child that was conceived through
rape to seek court-ordered termination of the parental rights of her
rapist with regard to that child, which the court shall grant upon
clear and convincing evidence of rape.

SEC. 4. APPLICATION.

A State seeking a grant under this Act shall submit an application
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General may reasonably require,
including information about the law described in section 3.

SEC. 5. GRANT AMOUNT.

The amount of a grant to a State under this Act shall be in an
amount that is not greater than 10 percent of the average of the total
amount of funding of the 3 most recent awards that the State received
under the following grant programs:
(1) Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula Grant
Program'').
(2) Section 41601 of the Violence Against Women Act of 1994
(42 U.S.C. 14043g) (commonly referred to as the ``Sexual
Assault Services Program'').

SEC. 6. GRANT TERM.

(a) In General.--The term of a grant under this Act shall be for
one year.
(b) Renewal.--A State that receives a grant under this Act may
submit an application for a renewal of such grant at such time, in such
manner, and containing such information as the Attorney General may
reasonably require.
(c) Limit.--A State may not receive a grant under this Act for more
than 4 years.

SEC. 7. USES OF FUNDS.

A State that receives a grant under this section shall use--
(1) 25 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(1) of section 5; and
(2) 75 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(2) of section 5.

SEC. 8. TERMINATION DEFINED.

(a) In General.--In this Act, the term ``termination'' means, when
used with respect to parental rights, a complete and final termination
of the parent's right to custody of, guardianship of, visitation with,
access to, and inheritance from a child.
(b) Rule of Construction.--Nothing in this section shall be
construed to require a State, in order to receive a grant under this
Act, to have in place a law that terminates any obligation of a person
who fathered a child through rape to support the child.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $5,000,000 for each of
fiscal years 2016 through 2020.

Outcome: Pending

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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