A judge in California, USA, M. Marc Kelly, is in the center of the storm as he has been getting verbal attacks from all and sundry for putting the blame on a 3-year-old girl who was raped by a 20-year-old man, Kevin Jonas Jojano, on the toddler for walking into the suspects' home.
According to Judge Kelly, Rojano of Orange County, California, did not intend to hurt the girl when he raped her.
Apart from the remark which has been seen as the dumbest thing any judge could ever make in a rape case, Kelly sentenced Rojano to a mere 10 years in prison as against the mandatory sentence which requires 25-year to life in prison.
Instead, Rojano was found guilty of sodomizing the 3-year-old girl in his garage.
According to the prosectors in the case, Rojano was playing video games in the garage of his home in Santa Ana, when the victim walked in. Rojano said that he became sexually aroused by the child and he sexually assault her.
During the attack, the girl's mother was looking for the child. Rojano placed his hand on the child’s mouth so that she does not respond to her mother.
The child later complained of pain, and her mother called police when she found injuries consistent with sexual assault.
Judge Kelly said:
"Mr. Rojano did not seek out or stalk the victim. He was playing video games and the girl 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."