What’s the matter with Kansas …. rape sentencing?

In Arizona, Morton Berger is serving a 200-year sentence for downloading the wrong kind of porn.  In Georgia, Genarlow Wilson is serving a 10-year sentence for an act of consensual oral sex between two teenagers.  But in Kansas, according to this hard-to-believe AP story, a “Topeka man convicted of repeatedly raping and sodomizing a 14-year-old girl was sentenced to three years probation, rather than nearly 13 years in jail.”  This seems like a sentence that is much too lenient.

To get a fuller understanding of this notable state sentencing, one needs to read this more complete article from Topeka Capital-Journal.  The article indicates that the victim was in a sense “dating” the perpetrator, but the age difference is still extreme: the perpetrator was 38-years-old and should know full well the illegality of repeatedly having sex with a 14-year-old girl. 

The Topeka Capital-Journal article provides this (not especially satisfying) account of why such a lenient sentence was imposed:

[Shawnee County District Judge Matthew] Dowd said he departed from sentencing guideline based in part on Cisneros having “massive depression” at the time of his alleged crimes.  Dowd said Cisneros was being treated with medication and psychiatric therapy.  The judge also said Cisneros had shown a history of having steady employment.

“I felt he had a good chance of rehabilitation, based on family support,” Dowd said. “Plus, I felt there was no permanent, severe damage to the victim.  She said that, too.”  As a condition of his parole, Cisneros is to continue with his psychiatric treatment and medication and is to have no contact with the victim.

These rationales might sensibly support a prison sentence of less that 13 years, but I can’t see how “a good chance of rehabilitation” justifies a probationary term.  The DA has vowed an appeal, and I would expect and hope that a Kansas appellate court will demand some prison time.