Mandatory 25 years for raping a 3-yr-old toddler too harsh? A California judge thinks so.
Last edited Tue Apr 7, 2015, 10:58 AM - Edit history (1)
LOS ANGELES — A man convicted of sexually assaulting a 3-year-old girl will see 10 years in prison — down from at least 25 — after a judge decided the minimum mandatory sentence was too much, and should be considered “cruel and unusual punishment.”
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The judge felt that the circumstances surrounding the incident merited a different sentence.
“Although serious and despicable, this does not compare to a situation where a pedophiliac child predator preys on an innocent child,” Kelly told the Orange County Register. “There was no violence or callous disregard for (the victim’s) well-being.”
Kelly contined with the Register:
“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,” the newspaper reported.
http://q13fox.com/2015/04/06/judge-says-mandatory-sentence-for-man-convicted-of-raping-toddler-too-harsh-cuts-prison-time/
The judge in this case, M. Marc Kelly, basically says a grown man having sexual intercourse with a toddler isn't harmful, in and of itself, and that it's the child's fault, really, for wandering into the garage. Was she wearing some sexy toddler clothes that was too revealing? Maybe she flirted with the guy or had too much milk to drink before "coming" on to him...
What the fuck is wrong with people in positions of authority? There's a reason there are mandatory sentences and this case screams the need for 25 years to life mandatory sentencing.
Update: Found a second story that gives slightly more detail (but not much)
http://ktla.com/2015/04/06/oc-judge-cuts-15-years-off-mandatory-sentence-of-man-convicted-of-sodomizing-toddler/
= new reply since forum marked as read
I guess the fact that he didn't stalk her or threaten her means she was asking for it.
Also, your body has to "shut it down," or it's a dead giveaway it wasn't legitimate.
hallucinating or imagining things. I really read those words.
Good god.
he'll have an "accident" while incarcerated. I understand that happens a lot to things like him.
BUT this SICK CREATURE is basically treated like a victim...
the death penalty.
Why not knock off 1 year instead of more than 1/2?
Actually, rereading your post, I'm rather disgusted. A child is raped, sodomized, and you bring up minimum sentencing? That's what you care about in this situation? OMG
It would have been different had the toddler been a boy.
One can only conclude that either (1) the defendant was rich and bought the judge or (2) the judge is a pedo himself.
but can't find much. It's almost like the legal profession doesn't want the general public well-informed. 
....to masturbate him?) ..That's a scary thought.
No answers from me, only questions. 
So he was sleeping-walking or in a coma at the time? How do you unconsciously hold your hand over a child's mouth, rape her, and force her to masturbate you? Sounds like a lot of conscious decision-making was going on to me.
