An appeals court in Buenos Aires has reduced the sentence of a man convicted of abusing a 6-year-old boy because his victim is gay.

In a newly publicized 2014 ruling, judges Horacio Piombo and Benjamin Sal Llargues cut the prison sentence of Mario Tolosa, vice-president of a neighborhood soccer team, from six years to 38 months.

‘Since the child was gay, the abuse wasn’t as bad as if he weren’t,’ it read.

The judges reasoned that the boy had been previously abused by his father and was ‘used to it.’

Prosecutors appealed the judges’ decision as ‘perverse and irrational’ and The Federation of Gays, Lesbians, Bisexuals and Transsexuals is calling for the the two judges to be impeached.

Piombo defended the ruling Monday in radio interviews , saying that the boy had already been ‘initiated by his father into the worst of worlds, leading him to depravation.’

He said that ‘as a result of that experience with the father, the child had showed signs of a transvestite conduct, of conduct we had to take into account.’

The family of the child said it will appeal the ruling before the Supreme Court.

‘He raped a child and they say he’s innocent because the child is gay,’ the boy’s aunt told reporters.

The boy’s father is in jail awaiting sentencing and his mother abadoned him.