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.
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.
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