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Kevin Rojano was convicted Dec. 3 of sodomizing a child younger than 10 and lascivious acts with a minor, and he was initially sentenced to 25 years to life in prison.
But Orange County Superior Court Judge M. Marc Kelly trimmed 15 years off Rojano's sentence, saying it would be cruel and unusual punishment to impose the maximum prison term because the 20-year-old lacked "callous disregard for (the victim's) well-being," reported the Orange County Register.
Prosecutors said Rojano was playing video games June 4 in the garage of his Santa Ana home when a 3-year-old relative wandered in, and investigators said the man became sexually aroused by the child and assaulted her.
Comment: In what world does Judge Kelly live in where sexually assaulting a 3-year-old is not "callous disregard for the victim's well being"? This poor girl will probably be traumatized for life, growing up with a distorted view of sexuality, but to the judge that's all basically no big deal. Just a shrug of the shoulders and leniency to a sexual predator.
The girl's mother was unable to get into the locked garage as she looked for the child, and prosecutors said Rojano covered the toddler's mouth to keep her from yelling.
Rojano let the girl out of the garage, and her mother was unaware of the abuse until her daughter complained of pain.
"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," the judge claimed in his decision. "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."
Comment: This is an inexplicable comment. How can someone sexually assault someone but not intend to harm them? What kind of person thinks that sexual assault in any form is not harmful? This is another case of blaming the victim, where the judge is implicitly saying that the defendant had no choice to do what he did because he became sexually aroused. Also, the fact that the garage was locked and the rapist covered the victim's mouth to keep her from yelling is indicative of malicious intent, as it is quite likely that the rapist locked the child in the garage in order to rape her.
Kelly also argued that Rojano, who had been abused as a child, said he regretted his crime.
"Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child," the judge argued. "There was no violence or callous disregard for (the victim's) well-being."
Prosecutors said they disagreed with the judge's decision and may appeal the sentence.
Reader Comments
Makes you wonder about the judge in this case. Is he a closet pedophile himself? His judgement tends to suggest that and this sentence adjustment perhaps a desire on his part to lessen his own if and when he gets caught. As for the 'man', like most of us, we get what we are after... in this case, 'negative desire', as he will find what he seeks in jail, though in a reversed formation... most likely.
What the fuck did I just read? Seriously, that makes no fucking sense.
"Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child"
Does not compare to whom?? To you sitting on your chair and getting your paycheck for being an asshole, or to the victim?
Are you fucking telling me there are nice ways of being raped?
"There was no violence or callous disregard for (the victim's) well-being."
In what deranged mind is rape "no violence"? How do you rape somebody with "regard" to their well-being?
I hope some very pissed off citizens pay this judge a visit.