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Du Pont Heir Avoids Jail For Sexual Assault Of 3-Year-Old Daughter

Really??? This sicko doesn’t get jail time because the judge doesn’t feel it’s the right place for him??? Really??????

Via Detroit Free Press:

A judge who sentenced a wealthy du Pont heir to probation for raping his 3-year-old daughter noted in her order that he “will not fare well” in prison and needed treatment instead of time behind bars, court records show. Superior Court Judge Jan Jurden’s sentencing order for Robert H. Richards IV suggested that she considered unique circumstances when deciding his punishment for fourth-degree rape. Her observation that prison life would adversely affect Richards was a rare and puzzling rationale, several criminal justice authorities in Delaware said. Some also said her view that treatment was a better idea than prison is a justification typically used when sentencing drug addicts, not child rapists.

Richards’ 2009 rape case became public this month after attorneys for his ex-wife, Tracy, filed a lawsuit seeking compensatory and punitive damages for the abuse of his daughter. The fact that Jurden expressed concern that prison wasn’t right for Richards came as a surprise to defense lawyers and prosecutors who consider her a tough sentencing judge. Several noted that prison officials can put inmates in protective custody if they are worried about their safety, noting that child abusers are sometimes targeted by other inmates.

“It’s an extremely rare circumstance that prison serves the inmate well,” said Delaware Public Defender Brendan J. O’Neill, whose office represents defendants who cannot afford a lawyer. “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.” O’Neill said he and his deputies have often argued that a defendant was too ill or frail for prison, but he has never seen a judge cite it as a “reason not to send someone to jail.”

Richards was no frail defendant, court records show, listing him at 6-feet-4 and between 250 and 276 pounds. Nor do court records cite any physical illnesses. O’Neill said the way the Richards case was handled might cause the public to be skeptical about “how a person with great wealth may be treated by the system.”

Richards, who is unemployed and supported by a trust fund, owns a 5,800-square-foot mansion in Greenville, Del., he bought for $1.8 million in 2005. He also lists a home in the exclusive North Shores neighborhood near Rehoboth Beach, according to the state’s sex abuse registry. His great-grandfather is du Pont family patriarch Irenee du Pont, and his father is Robert H. Richards III, a retired partner in the Richards Layton & Finger law firm. Kendall Marlowe, executive director of National Association for Counsel for Children, said the bottom line is that individuals who abuse youngsters deserve to be punished.

“Child protection laws are there to safeguard children, and adults who knowingly harm children should be punished,” said Marlow, whose nonprofit agency assists lawyers who handle child welfare cases. “Our prisons should be more rehabilitative environments, but the prison system’s inadequacies are not a justification for letting a child molester off the hook.”

Defense lawyer Joseph A. Hurley said it makes sense to him that the judge would be concerned about Richards’ time in prison. “Sure, they have protective custody, but that is solitary confinement for 23 hours a day. We’re not a third-world society,” Hurley said. “Sex offenders are the lowest of the low in prison,” Hurley said. “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.”

Wow. And this guy sexually abused BOTH OF HIS OWN CHILDREN and he gets just probation. Just wow. The justice system surely sucks.

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