Judge Reduces Prison Sentence Of Man Who Raped A 3 Year Old Because ‘He Did Not Mean To Harm Her’



A California judge has reduced a child rapist’s mandatory 25-year sentence down to only 10 years saying that anything longer then that would be ‘cruel and unusual punishment’.

Superior Court Judge M. Marc Kelly handed Kevin Jonas Rojano-Nieto a 10-year sentence rather than the 25-years to life sentence he should have received.


Superior Court Judge M. Marc Kelly 

The judge said that he was sure that although Rojano-Nieto had sodomized the little girl and covered her mouth so she couldn’t scream out, but ‘there was no violence or callous disregard for the victim’s well-being.’

Judge Kelly went on to say that Rojano-Nieto, had ‘inexplicably became sexually aroused but did not appear to consciously intend to harm the victim.’


Rapist: Kevin Jonas Rojano-Nieto guilty of rapping a 3-year-old girl.

Mail Online reportedThe prosecutor have said they will appeal the controversial decision and will be pushing for the minimum sentence of 25-years to life to be reinstated.

Rojano-Nieto was found guilty on December 3 of raping the girl who wandered into a garage where he was playing video games.

According to the court news service, Rojano-Nieto said he became aroused by the girl and pulled her pants down to rape her during the sickening attack.

While this was going on, he could apparently hear her mother calling out for her, so covered her mouth so she couldn’t scream back.

The girl told her mother after the assault that she was in pain and her mother called the police who found injuries consistent with rape.

“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” Superior Court Judge M. Marc Kelly said according to KTLA.

Deputy District Attorney Whitney Bokosky said she disagrees and will appeal.

She said that Rojano-Nieto knew what he was doing was wrong because he covered the girl’s mouth during the rape so she couldn’t call out.

Read more Mail Online

Photos courtesy of Google


  1. Had this incident involved the Judge’s own daughter and/or granddaughter, he would have rule differently, guaranteed.

    Sorry ass bastards that prey on the innocent, especially the young, should be beat senseless, THEN sent to jail for the maximum; and I’m saying this should be a standard sentence.

    I really am worried about the further this country’s justice system is getting away “An Eye for and Eye.” Should ANYTHING like this ever befall anyone in my family; then God Help. It would not end pretty.

    Sick people in this world anymore, and the more and more cases handled like this one, is just cannon fodder for breeding more sick bastards just like this.

      • I agree, at the very least, disbarred and heavily fined! I would seriously question his ability to property try, and convict a case where sexual abuse/rape, or a child are involved. I think his entire thinking process is skewed.

  2. This judge should be raped by someone three times his size while his family searches for him. See how he likes it. This is disgusting. The judge should be removed from office, permanently never to practice law again.

  3. The prosecutor should also get this flaming asshole of a judge thrown off of the bench and get him disbarred for life!! He belongs in the same class as Pelosi and Feinstein – moronic assholes!!

  4. Please ban this judge from ever being able to hear and try cases again. There is no way in the world this guy, this absolute disgusting piece of garbage of a human being ( the rapist ) should ever be allowed to even see daylight again. How can he claim that he never meant to hurt the little girl? That rape could end up messing up her entire life later on or even now. I still remember some things back when I was only 3 years old and I am 42 now. Ban this judge and lock this sick rapist away for life.

  5. This is beyond disgusting! I hope the kid who raped her gets what’s coming and I hope the judge gets hit by a very large baseball bat!

  6. Hmm judge must like children too. Because only a sick mind would let someone get away with the rape of a child. Didn’t mean to cause her harm but, he did and the sad truth is she will have to deal with it the rest of her life.

  7. This judge should resign. He obviously can’t perform his job correctly. This child see offender should be getting maximum sentence. No violence? Sodom to a child is no violence? Bullshit! If you’re gonna reduce sentence at least castrate the son of a b**ch first and let him pass through a straw for the rest of his life. Bad call judge.

  8. Yea sorry but Cali seems to have a knack for these sort of things. Here that would be like the judge putting a death sentence on the dude. He isn’t going to serve the crime for what he did too a little girl, guarantee you’de have a mob waiting for him before he could even make it too prison. And if they didn’t get him then ten years down the road they’d be waiting for him then. I have no sympathy for people like this guy, and no sense of mercy either.

  9. His (the judges) statements certainly make him sound like a predator himself. Quite likely a narcissist too. His reasoning certainly fits that of either thing here. I sure hope there is an investigation being conducted.

  10. The rapist doesn’t deserve to live, just shoot him in the back of the head, then send the judge to do his 25 yrs. Making sure the population knows that the rape of a 3 yr old is known on the day he arrives.

  11. If the judge feels sorry for this pervert, chances are the judge is “flaky” himself. Someone needs to look in this judge’s closet.

  12. I think the parents should file a civil suit and include the judge in the lawsuit..I am no a litigious person as a rule, but in this case they should go for it….just saying

  13. Makes you wonder what this judge does in hi spare time if he thinks this person didn’t intend to harm her. Perhaps the judge needs a little investigation into his life. They are both pigs and deserve nothing but horrible fates.

  14. although Rojano-Nieto had sodomized the little girl and covered her mouth so she couldn’t scream out, but ‘there was no violence or callous disregard for the victim’s well-being.’

    Judge Kelly went on to say that Rojano-Nieto, had ‘inexplicably became sexually aroused but did not appear to consciously intend to harm the victim.’ WHERE ARE ALL THE LIBERAL CALIFORNIA FEMINISTS WHO ALL VOUCH THAT RAPE IS AN ACT OF VIOLENCE — SHe could have cried out but he placed his hond over her face — That is clearly disregard for her safety and he did harm her! This judge needs a real butt kicking serious!!

    • No Carlos, we do not censor Truth, but we are victim to hundreds of spam messages and many are inappropriate content so we are forced to approve each message prior to it posting. Please accept my apology.

  15. • Far out, that is pathetic. What possible grounds could he establish in his mind for excusing such a crime? Surely there is precedent in US law to allow a sentence reduction on the grounds of ‘oops I did not mean to do harm’, and to a child. Heinous crime-heinous judge. What sentence could he serve for a miscarriage of justice?

  16. Imagine how terrified and scared the little girl was. I feel so sorry that her and her parents had to go thru this. This judge is pathetic, he must be one of Obamas friends.

  17. For this Judge to feel sympathy for this man he obviously has these nasty sick desires his self. He must not have girls of his own and if he does then I wonder what he has done to them. It’s bad enough to be violated as a teenager but 3 years old. I don’t know how people who make these descions sleep at night. There is only one judge and believe me vengeance will be his. This judge obviously has no empathy for helpless children, may God have vengeance on you and yours so as to humble your sick soul.

  18. I think there is a misunderstanding concerning the ruling. This man did not commit a planned crime. Although he did commit a pedophile act, he did not intentionally seek out a child to harm and therefore does not appear to pose the same threat to the public that an true pedophile might. With that in mind, what degree of guilty was the decision the judge faced. He was logical and most likely consistent with similar rape case rulings. I am impressed that he has enough integrity to rule as he did despite the obvious backlash that he would be forced to endure by less educated individuals.

    • You sound like a kiddie diddler yourself. It doesn’t matter if he planned it or not. What if the next time he comes across a child then suddenly has the urge to rape her/him, and does it. Should h get a reduced sentence then too? He’s a danger to society and small children, he should be locked up for life!

    • You are sick sir, to rationalize the rape of a child. What’s to say this rapist doesn’t get this urge again in grocery store, upon the presence of another three year old girl, then pull her in the me s room and rape her. Will he also be not guilty then because it was spontaneous rape?? Rape is rape. He purposely held her down and forced himself inside that little baby girls, forcefully put his hand over mouth until he was finished and then sent her home. If that was your daughter, would you say, “My bad, she is inexplicably arousing, I understand your urge.” You have a sick mind.

    • It occurs to me…if you read more about this case, you see the child was a relative of the rapist. Most child rape like this is committed by relatives. He had been around her and knew her and she knew him, probably trusted him. The likely conclusion is he’d been fantasizing about doing this and saw an opportunity to carry out his fantasy. This wasn’t a random act of oh, some random kid.

  19. Makes me wonder how the judge would react if it was his own daughter/ granddaughter.
    The victim’s parents should write to the State Commission on Judicial Conduct. Very sad and disgraceful; ignorance from a person in authority; inexcusable.

  20. The judge should definitely be removed from the bench or, barring that, removed from judging criminal cases. “Inexplicably became aroused” by a 3 year old? Really? Even if the offender does go to jail for just 10 years, though I doubt that, he’ll spend every day with others that became ‘inexplicably aroused but mean no physical harm to him” as he’s raped daily if he isn’t killed outright.

  21. Let me rape the judge in the butt with a baseball bat and see what he thinks about that, because I’m doing it just to rape him…not to harm or inflict violence.

  22. This is illegal because there’s a mandatory minimum sentence and the judge doesn’t have the authority to undermine it so the DA has a strong case when he speaks the decision and can possibly even get the judge censured for his actions! Hopefully the DA goes all out!

  23. Ok, now HE violated the law – it was a MANDATORY SENTENCE – so now HE should be prosecuted, right??? The judge BROKE THE LAW – he should be prosecuted to the fullest extent of the law. Not just impeached and brought down from the bench – he should be PROSECUTED – he committed a CRIME!!!


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