A California Judge Rules on Toddler Rape
By Mary C. Michel
Rape is not inherently hurtful to a child in the great state of California. So declared a solon of our vaunted judiciary. Members of the National Man Boy Love Association and pedophiles everywhere must be popping champagne corks!
In a stunning decision on April 3, 2015, Orange County California Superior Court Judge M. Marc Kelly reduced the mandatory minimum prison sentence of 25 years to just 10 years for a man convicted of sodomizing a three-year-old girl.
The criminal, 20-year-old Kevin Jonas Rojano, was playing video games in his garage when the three-year-old child, to whom he was related, wandered in. He claims to have become "inexplicably aroused." He forced the child to touch his genitals and proceeded to anally rape her. During the commission of this brutal crime, he put his hand over the toddler's mouth so that she could not scream out to her mother who was just outside searching for her daughter. The crime was uncovered by the mother after her daughter complained of pain. Anal trauma and tearing were visible when she examined her daughter's body. The child was hospitalized.
The prosecutor did her job. The jury did its job. The defendant was convicted of sexual intercourse with a child under 10 years old and of committing a lewd act with a minor 14 years old or younger.
Under California law, the minimum mandatory sentence for conviction of these crimes is 25 years to life. For reasons that are far more inexplicable than the criminal's sexual arousal, Judge Kelly found a 25-year minimum sentence to be "cruel and unusual punishment" in violation of the U.S. Constitution.
The predicate for this conclusion is absolutely confounding and quite instructive for child rapists. Among the compelling factors cited by Judge Kelly in justifying the reduced minimum sentence were: the child came to him; he did not "stalk" her, the defendant's arousal was "inexplicable," he did not appear to consciously intend harm to the child when he anally raped her, the defendant "almost immediately stopped and realized the wrongfulness of his act," and "there was no violence or callous disregard for the victim's well-being." The judge further opined that the defendant had shown extreme remorse. Further announced bases for judicial sympathy included that Rojano came from a dysfunctional family, and that he was "an insecure, socially withdrawn, timid and extremely immature young man with limited self-esteem."
Read more: http://www.americanthinker.com/arti...udge_rules_on_toddler_rape.html#ixzz3WvUdWAe2
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By Mary C. Michel
Rape is not inherently hurtful to a child in the great state of California. So declared a solon of our vaunted judiciary. Members of the National Man Boy Love Association and pedophiles everywhere must be popping champagne corks!
In a stunning decision on April 3, 2015, Orange County California Superior Court Judge M. Marc Kelly reduced the mandatory minimum prison sentence of 25 years to just 10 years for a man convicted of sodomizing a three-year-old girl.
The criminal, 20-year-old Kevin Jonas Rojano, was playing video games in his garage when the three-year-old child, to whom he was related, wandered in. He claims to have become "inexplicably aroused." He forced the child to touch his genitals and proceeded to anally rape her. During the commission of this brutal crime, he put his hand over the toddler's mouth so that she could not scream out to her mother who was just outside searching for her daughter. The crime was uncovered by the mother after her daughter complained of pain. Anal trauma and tearing were visible when she examined her daughter's body. The child was hospitalized.
The prosecutor did her job. The jury did its job. The defendant was convicted of sexual intercourse with a child under 10 years old and of committing a lewd act with a minor 14 years old or younger.
Under California law, the minimum mandatory sentence for conviction of these crimes is 25 years to life. For reasons that are far more inexplicable than the criminal's sexual arousal, Judge Kelly found a 25-year minimum sentence to be "cruel and unusual punishment" in violation of the U.S. Constitution.
The predicate for this conclusion is absolutely confounding and quite instructive for child rapists. Among the compelling factors cited by Judge Kelly in justifying the reduced minimum sentence were: the child came to him; he did not "stalk" her, the defendant's arousal was "inexplicable," he did not appear to consciously intend harm to the child when he anally raped her, the defendant "almost immediately stopped and realized the wrongfulness of his act," and "there was no violence or callous disregard for the victim's well-being." The judge further opined that the defendant had shown extreme remorse. Further announced bases for judicial sympathy included that Rojano came from a dysfunctional family, and that he was "an insecure, socially withdrawn, timid and extremely immature young man with limited self-esteem."
Read more: http://www.americanthinker.com/arti...udge_rules_on_toddler_rape.html#ixzz3WvUdWAe2
Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook