Judge Cuts Child Rapist’s Sentence by 15 Years Because He ‘Did Not Mean to Hurt 3-Year-Old Victim’
A California judge reduced the sentence of a child rapist last week, saying the 20-year-old man did not mean to harm his 3-year-old victim.
In December, Kevin Rojano was convicted of sodomizing a young child and lascivious acts with a minor and sentenced to 25 years to life in prison.
Last week, Orange County Superior Court Judge M. Marc Kelly reduced his 25-year sentence by 15 years, saying it would be “cruel and unusual punishment” to give the man the maximum sentence because Rojano lacked “callous disregard for the victim’s well-being.”
According to prosecutors, Rojano was playing video games in his garage when a 3-year-old relative came in and he sexually assaulted her.
Prosecutors said the child’s frantic mother could not get into the locked garage and he held his hand over the girl’s mouth to muffle her screams. He then let the girl out of the garage and the mother became aware of the attack when the toddler complained about pain.
In spite of the evidence, the judge asserted that Rojano’s actions were not “predatory.”
“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 became inexplicably sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her.”
“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.”
Prosecutors say they may appeal the sentence.