The decision on the 2009 rape against wealthy du Pont heir Robert H. Richards IV left many puzzled that the defendant was sentenced to probation as opposed to serving time in prison for raping his 3 year-old daughter. USA Today said the intriguing sentencing decision by Superior Court Judge Jan Jurden was revealed this month after lawyers of his ex-wife, Tracy, filed claims against Richards for the abuse the latter had done on their child. Richard's estranged wife is seeking compensatory and punitive damages.
Jurden's sentencing, according to public defenders and defense attorneys, was a stark contrast to her tough nature as a judge. Several of them were cited by USA Today who said that if Jurden was concerned of Richards getting targeted by other inmates in prison, prison officials could easily isolate him for his safety. Others have said that Jurden must have had unique circumstances that would make probation a rather fitting sentence for a person convicted of fourth-degree rape.
Delaware Public Defender Brendan O'Neill said, "It's an extremely rare circumstance that prison serves the inmate well. Prison is to punish, to segregate the offender from society, and the notion that prison serves people well hasn't proven to be true in most circumstances."
USA Today also said that Richards was not even deemed frail, in terms of physical standards. According to court records, Richards stand at 6 feet, 4 inches tall and weight between 250 and 276 pounds and has no physical illnesses.
Fourth-degree murder in Delaware currently carries up to 15 years in prison as it is considered a Class C violent felony, although guidelines dictate that a felon could serve a minimum of zero to two and a half years in prison. Jurden earlier gave Richards an eight-year sentence, but suspended all prison time in exchange for probation.
Defense lawyer Joseph Hurley hinted that Richard might get a more sever punishment in prison should Jurden insisted on her original sentencing. He said, "Sex offenders are the lowest of the low in prison. He's a rich, white boy who is a wuss and a child perv. The prison can't protect them, and Jan Jurden knows that reality. She is right on."
