JUDGE REDUCES PRISON SENTENCE OF MAN WHO RAPED 3-YEAR-OLD WHILE COVERING HER MOUTH BECAUSE ‘HE DIDN’T INTEND TO HARM HER’
Kevin Jonas Rojano-Nieto, 20, was found guilty on December 3 of raping a 3 year old girl athis home in June. Superior Court Judge M. Marc Kelly, has reduced his mandatory 25 yearsentence down to only 10, saying anything longer would be 'cruel and unusual punishment.' Thejudge told an Orange County jury that Rojano-Nieto 'did not intend to harm' the girl. Sayingthat he was sure that although Rojano-Nieto sodomized the girl and covered her mouth so shecouldn't scream out, 'there was no violence or callous disregard for the victim'swell-being.' The judge also said Rojano-Nieto, 'inexplicably became sexually aroused but didnot appear to consciously intend to harm the victim.' According to the court news service,Rojano-Nieto said he became aroused by the girl and pulled her pants down to rape her during thesickening attack. While this was going on, he could apparently hear her mother calling outfor her, so he covered her mouth so she couldn't scream back. The girl told her mother afterthe assault that she was in pain and her mother called the police who found injuries consistentwith rape. 'Although serious and despicable, this does not compare to a situation where apedophilic child predator preys on an innocent child,' Judge Kelly said.
Message from Executive Director Laura A. Ahearn: Parents for Megan's Law andthe Crime Victims Center provides advocacy, counseling and other valuable support services to childand adult victims of sexual assault and to all victims of violent crime. Please visit ourwebsite at www.parentsformeganslaw.org for news, information and resources in yourcommunity.