Not to many people lose sleep over the sentencing and treatment of people who sexually abuse children. When these pedophiles are convicted, many hope that they get the business behind bars from inmates that detest people who harm children. However, in a recent ruling, an Orange County judge is showing leniency to a man who was convicted by a jury for child molestation.
20-year-old Kevin Jonas Rojano-Nieto was looking at 25 years to life behind bars, the mandatory minimum sentence for sexually assaulting a child. A jury of his peers found Rojano-Nieto guilty of sodomizing a child younger than 10 and lewd or lascivious acts with a minor after he performed unspeakable acts on a three-year-old girl.
Done and done, right? Wrong. Orange County Superior Court Judge M. Marc Kelly felt that the penalty was too harsh for Rojano-Nieto. He moved that the sentence be reduced from 25 years to life down to only 10 years. This is what the judge felt according to the Orange County Register:
“However, in looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case,” Kelly said. “Mr. Rojano did not seek out or stalk (the victim). He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her.”
Judge Kelly feels this way, even though during the case, it was revealed that Rojano-Nieto covered his victim’s mouth that so that she could not call for her mother as he violated her in the locked garage. Though the jury found the pedophile guilty of assault, the judge feels that “There was no violence or callous disregard for (the victim’s) well-being.” He blames Rojano-Nieto’s volatile upbringing as an excuse for his behavior.
For more from writer Ryan Smith, click here.