On Friday, a California judge reduced the sentence of a 20-year-old man convicted of sexually assaulting a 3-year-old girl from 25-to-life to just 10 years in prison.
In June of 2014, 20-year-old Kevin Rojano was playing video games in his garage in Santa Ana, California, when a 3-year-old relative of the young man wandered in. Rojano reportedly became sexually aroused by the girl, pulled down her pants and assaulted her.
While the assault was taking place, the toddler’s mother attempted to get into the garage but realized it was locked. It was in that moment that Rojano placed his hand over the girl’s mouth to silence her. He then forced her to fondle him. The young man unlocked the garage door and the girl was reunited with her mother minutes later. Soon after, the girl began complaining of pain. Her mother noticed that she’d been hurt, and the crime was revealed a short time later.
After being sentenced to 25 years to life in prison, Judge M. Marc Kelly reduced the punishment on the grounds that it was unconstitutional. Under other circumstances, Kelly argued, the sentence would be appropriate. “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,” he said. “Mr. Roiano 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.”
Kelly added that Rojano stopped the assault “almost immediately” and realized that what he did was wrong.
“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.”
According to reports, Rojano suffered abuse and family dysfunction as a child, and was known to be socially withdrawn and “extremely immature.”
Kelly noted during sentencing that Rojano displayed “extreme remorse for his actions and has been willing to accept the consequences.”
Source: Orange County Register / Photo Credit: driverlayer.com