Judge halts order that awarded joint custody to convicted rapist

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SANDUSKY, Mich. (CBS) "I don't understand why they thought that they needed to give him joint legal custody. He was my rapist," Tiffany said.

Christopher Mirasolo

Tiffany was 12 in 2008 when she says Christopher Mirasolo forced himself on her in an abandoned house near Detroit. Now 21, she's raising her 8-year-old son on her own. She agreed to speak on camera but asked that only her first name be used.

"I was kidnapped for two days. I didn't know if I was ever going to go home. He threatened to kill me and my best friend if we told anyone," Tiffany said.

Mirasolo was given a plea deal for attempted third-degree criminal sexual conduct and served six-and-a-half months in jail. He served jail time again after being convicted of raping another young victim in 2010.

But last month, Sanilac County Prosecuting Attorney James V. Young and Sanilac District Court Judge Gregory Ross signed a paternity order that gives Tiffany's attacker joint legal custody of their son and the right to pursue "parenting time."

"I was receiving government assistance and they told me if I did not tell them who the father was of my child, that they would take that away from me," Tiffany said.

She says hearing his name and seeing his face brings back terrible memories.

"Horrible things. Horrible images. You know, flashbacks," she said.

The Sanilac County prosecutor's office said it prepared "a standard order that is used in all paternity cases" and that Tiffany was "required to cooperate... as a condition of receiving financial assistance."

What did Tiffany think of the request?

"That it was crazy," she said. "Because I have been taking care of him for eight years. I gave up high school, I gave up prom, I gave up my friends to raise a baby and go to work."

Tiffany's lawyer, Rebecca Kiessling, says this case reveals a troubling nationwide gap in the way states deal with rape victims who request aid.

"There's no policy," Kiessling said. "I've had rape victims who were cut off from state aid because they couldn't name their rapist because they were abducted by a stranger or because a sex trafficker kidnapped them and raped them."

Attorneys for Tiffany and Mirasolo say they are now working privately to reach a settlement.