Today in Rape Culture

[Content Note: Sexual abuse of a child; description of assault; rape apologia.]

A judge in Orange County, California, has significantly reduced the sentence of a convicted rapist and defended his ruling in the most heinous way: Kevin Jonas Rojano-Nieto was sentenced to the 25-year minimum sentence after being convicted of sexually assaulting a three-year-old female relative, but Orange County Superior Court Judge M. Marc Kelly reduced his sentence to 10 years in prison, saying the sentence was "too harsh" and a violation of "his constitutional rights."

Kelly further defended his decision by saying that Rojano-Nieto "did not appear to consciously intend to harm [the victim] when he sexually assaulted her."

"However, 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 defendant "almost immediately" stopped and "realized the wrongfulness of his act," Kelly said.

This is not accurate. Rojano-Nieto did not "almost immediately" stop because he "realized the wrongfulness of his act." He sexually assaulted a child behind a locked door and covered her mouth when he heard her mother looking for her, and then he sexually assaulted her again.

It is incredible that any judge (or any human being, frankly) would argue with a straight face that someone who rapes a child didn't intend to harm that child. As if a rapist's intent is even remotely relevant, anyway.

Further, to make this absurd, contemptible argument, Kelly also deliberately misrepresents the facts of the case in a gross attempt to justify making it.

And he didn't stop there:

The judge went on to blame Rojano-Nieto's own "dysfunctional" upbringing for his "inexplicable" assault on the child.

He noted that Rojano-Nieto's life had featured "family disruption" that made him "an insecure, socially withdrawn, timid, and extremely immature young man with limited self-esteem."

Okay. There are lots of people who fit that description. Very few of them rape children.

Rarely have I seen such a naked display of failure to empathize with a victim, and such a bold display of sympathy for a rapist.

There is already a movement to recall Judge Kelly from the bench. The Orange County prosecutor is meanwhile considering appealing Kelly's ruling.

I hope that the young survivor and her family have the resources they need to heal, and that they find something resembling justice and peace.

[H/T to Shaker S.]