Probation for US man who drugged, raped sister

Judge in courtoom
The Judge was concerned of the stigma the rapist might face (File)

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A 20-year-old California man may only receive four months in prison after getting his younger sister stoned and raping her.

The court heard that the convicted man gave his 16-year-old sister high-potency marijuana "dabs" and repeatedly asked her to have sex, according to a criminal complaint. She said no several times until she became so "out of it" that she no longer recognised him as her brother, according to CNN.

The man pleaded guilty to rape of a drugged person. According to state law, it would usually get a sentence of three, six or eight years in prison.

A report by District Attorney Dale P. Trigg said the man "showed no real remorse and seemed smug" in his interview, recommending he not receive probation. The prosecution pushed for the man to receive six years in prison.

But the man, was instead sentenced to 240 days in jail at half time. That means he could serve a total of 120 days, serving the rest as probation, Mr Trigg said. 

Judge William H. Follett said that the "stigma" of the conviction and sex offender registration were enough to deter him and others in the community.

Mr Trigg told CNN that during the sentencing, the Judge said he felt the defendant was sorry and rehabilitation was key. The judge also noted that the victim took her own clothes off and was not unconscious.

Mr Trigg added he "could not disagree more" with the ruling.

"The message that this sends to our community is that sexual predators who get their juvenile siblings stoned enough can have sex with them without any meaningful consequence," he said.

"That is not the message I want to send to our community."

The light sentencing means the case has been compared to the trial of Stanford university sex attacker Brock Turner, who was also deemed not to be a threat to the community.