Christopher Mirasolo has been awarded joint custody of the child that was conceived after he raped a 12-year-old girl nine years ago.
Mirasolo, now 27, attacked the girl nine years ago, and she gave birth to a boy.
But a judge in Michigan, USA, has now awarded him joint custody of the child, who is now eight-years-old, after a paternity test proved he was the biological father.
After the custody was granted by Judge Gregory S Ross, Mirasolo was instantly put on the child's birth certificate - and shockingly, given the victim's current address.
The Detroit News reported that the victim is now 21, and her attorney is seeking protection for her and her child to halt his access.
The attorney, Rebecca Kiessling, filed objections on Friday with the judge and said: "This is insane.
"Nothing has been right about this since it was originally investigated. He was never properly charged and should still be sitting behind bars somewhere, but the system is victimising my client, who was a child herself when this all happened."
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Ms Kiessling was referring to the fact that Mirasolo was originally convicted of "attempted" rape, even though the victim was pregnant at the time.
He served six and a half months of a one-year prison sentence, being released early to care for his sick mother.
He was later convicted of committing a sex assault on a victim between the ages of 13 and 15-years-old, for which he served four years in prison.
Ms Kiessling told the court: "She, her 13-year-old sister and a friend all slipped out of their house one night to meet a boy and the boy's older friend, Mirasolo, showed up and asked if they wanted to go for a ride.
"They thought they were going to McDonald's or somewhere. Instead, he tossed their cellphones away, drove to Detroit where he stole gas from a station and then drove back to Sanilac County, where he kept them captive for two days in a vacant house near a relative, finally releasing the older sister in a park.
"He threatened to kill them if they told anyone what happened."
Mirasolo's attorney, Barbara Yockey, said it was unclear what her client's future involvement with the eight-year-old boy would be, if any at all.
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