Judge reduces child rapist’s sentence by 15 years because attacker did not ‘intend harm to victim’
Often we hear of judges blaming victims of sexual assaults because of how much a woman had to drink on the night of her assault or for what type of clothing she was wearing, but this is the first I’ve hear a judge defend a child rapist and basically blame the victim for being in the wrong place at the wrong time.
Kevin Jona Rojano-Nieto, 20, of Orange County, CA was convicted of sodomizing a three-year-old girl on Dec. 3, 2014. He had been in his basement playing video games when the toddler wandered in. When he saw the girl, who he is related to, Rojano became sexually aroused, pulled down her pants and assaulted the girl.
Prosecutors say, that the girls mother was looking for her, and that Rojano-Nieto held her mouth shut so she couldn’t be found. After her mother left the area of the house they were in, he continued assaulting the girl.
The girl’s mother had no idea what had happened until the girl complained of pain. When she took her daughter to the doctor, the crime was revealed because her injuries were consistent with a sexual assault.
Normally, this crime would carry a 25 years to life long sentence, but Judge M. Marc Kelly thought it best to reduce his sentence to just 10 years.
Why, you may ask? Because the Judge didn’t think what Rojano-Nieto did was predatory, nor did he show any “callous disregard for the victim.” Judge Kelly thought imposing a 25-life sentence on Rojano-Nieto would be cruel and unusual punishment.
The Register reports Judge Kelly saying:
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. 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 defendant ‘almost immediately’ stopped and ‘realized the wrongfulness of his act.’
Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child. There was no violence or callous disregard for (the victim’s) well-being.
Respectfully, I disagree. There was a disregard for the victim. Did he make sure his victim got medical attention to ensure she hadn’t been physically damaged? Would he have even confessed his crime to make sure she got therapy and help for emotional problems abuse causes? Only when he was caught did he confess his crime. Would he have done it again, if he hadn’t been caught? Is there anything more violent than violating a child’s private areas with a body part large enough to cause pain and injury? And as for the lack of stalking, it’s almost like the judge is blaming the toddler for being in HIS presence at the wrong time, as if he is blaming the toddler for being in the wrong room.
This case sends all the wrong messages to potential rapists: You can get a softer sentence if you are distracted with playing video games at the time. You can get a softer sentence if you stop before you finish and simply tell a judge you realized what you did was wrong.
It looks like Judge Kelly needs to be unseated. Currently residents of OC are pushing for the judge’s recall. Judge Kelly has sat on the bench for 15 years after serving as a District Attorney.