A California judge has reduced a child rapist’s sentence from the mandatory 25 years to only 10, because anything longer would be “cruel and unusual punishment”.
Superior Court Judge M. Marc Kelly explained to an Orange County jury that 20-year-old Kevin Jonas Rojano-Nieto “did not intend to harm” the three-year-old girl he raped at his family home in June of last year.
The judge added that he was sure that, though Rojano-Nieto sodomized the girl and covered her mouth to prevent her from screaming out, “there was no violence or callous disregard for the victim’s well-being”.
1. Superior Court Judge M. Marc Kelly (pictured here with a colleague in 2010) has handed a 10-year sentence to a 20-year-old child rapist. The mandatory sentence should be 25 years to life.
Judge Kelly also noted that Rojano-Nieto “inexplicably became sexually aroused, but did not appear to consciously intend to harm the victim”.
The prosecutors have said that they will appeal the controversial decision and will be pushing for the minimum sentence of 25 years to life to be imposed.
On December 3, Rojano-Nieto was found guilty of raping the toddler who wandered into a garage at his family home where he was playing video games.
Rojano-Nieto said he became sexually aroused by the girl, pulled her pants down and raped her during the sickening attack, according to the court news service.
During the attack, Rojano-Nieto could hear her mother calling out for the girl, so he covered her mouth to prevent her from screaming back.
Once she was freed after the assault, the girl told her mother that she was in pain and her mother called the police who found injuries consistent with rape.
2. Kevin Jonas Rojano-Nieto has been sentenced to 10 years behind bars for the rape of a 3-year-old girl.
According to KTLA, Superior Court Judge M. Marc Kelly said:
Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child.
Deputy District Attorney Whitney Bokosky has said that she disagrees with the judge’s decision and will appeal.
Bokosky said that Rojano-Nieto knew that what he was doing was wrong because he covered the girl’s mouth while he was raping her so she couldn’t call out.
Share this story with your friends and your thoughts in the comments below. Please retweet it to your Twitter followers — they would want to read that, too.