Outrage as judge excuses paedophile’s assault on toddler: ‘He didn’t mean to harm her’

Kevin Jonas Rojano-Nieto was convicted after sexually assaulting a three-year-old girl after she wandered into his garage.

As the child’s mother searched for her, Rojano-Nieto, who suffers from psychological issues, locked the garage door and placed his hands over the toddler’s mouth to keep her quiet.

After he had finished sodomising her, he then unlocked the door and allowed the little girl to return to her mother.

Her injuries were discovered moments later, leading to Rojano-Nieto’s arrest.

However, at the trial, Californian judge M. Marc Kelly insisted that the minimum punishment for sexually assaulting a child (25 years) would be too harsh in this case.

He 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."

He added that the rapist "almost immediately" stopped his actions and "realised the wrongfulness of his act.

"Although serious and despicable, this does not compare to a situation where a paedophilic child predator preys on an innocent child.

"There was no violence or callous disregard for (the victim's) well-being."

Instead of the 25 year minimum sentence, which he felt would be too much of a “cruel and unusual punishment” for the crime, Judge Kelly sentenced Rojano-Nieto to ten years behind bars.

His decision has sparked outcry.

Orange County District Attorney Tony Rackauckas has confirmed he will appeal the decision, telling reporters: “This is a horrendous crime ad one deserving of the punishment outlined in law.”

Meanwhile an online petition calling for Judge Kelly’s resignation has garnered over 32,000 signatures.

It reads: “Judge Kelly made these remarks knowing the 3 year old girl suffered tissue injuries to her anus as a result of the sodomy she endured.

“I call on Judge Kelly to apologize to the three year old victim for imposing such an unjust sentence and for minimizing the severity of her rape.

“I call on Judge Kelly to do the right thing and step down from his official position.”