(LifeSiteNews) – A California judge is facing a growing backlash after he cut a child rapist’s sentence to less than half the state’s mandatory time, claiming the required sentence would be “cruel and unusual punishment” under the U.S. Constitution, because the convicted man didn’t intend to harm his victim.
Now the judge is the subject of a campaign asking him to step down, with over 60,000 people signing a petition on Change.org to that effect. A Facebook page asking for the removal of the judge has gathered over 16,000 followers.
An Orange County jury found Kevin Jonas Rojano-Nieto, 20, guilty on December 3 of having sexual intercourse with a child 10 years or younger and committing a lewd act with a minor under 14, according to a report from KTLA-5.
The minimum sentence in the case should have been 25-years-to-life in prison under California law, but Superior Court Judge M. Marc Kelly handed Rojano-Nieto ten years, despite objections from the prosecutor.
Rojano-Nieto sodomized the three-year-old girl, and forced her to touch his genitals, after she had wandered into his garage where he was playing video games last June 4.
“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.”
Rojano-Nieto could evidently hear the little girl’s mother calling out for her, and he covered her mouth so she couldn't scream back to her mom, a report from the Daily Mail said.
“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” Kelly said. “There was no violence or callous disregard for (the victim’s) well-being.”
The child reported her pain to her mother after the attack, and her mother called the police, who determined the girl’s injuries were consistent with rape.
Deputy District Attorney Whitney Bokosky 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 for help.
Bokosky said she disagrees with the sentence and will appeal.