Texas Judge Jeanine Howard has shocked many by saying a raped teenager is not an actual victim because she’s not a virgin. In addition, the judge gave the now 20-year-old rapist named Sir Young a 45 day sentence in jail and even asked him to serve a five year probation by helping at a rape crisis center.

In a related report by The Inquisitr, the one-month rape sentence by a Montana judge was similarly controversial. Judge Todd Baugh claimed the rape victim was “probably as much in control of the situation as was the defendant” and apparently the girl’s physical appearance played a factor in the judge’s decision. But eventually the rapist school teacher in the case saw justice when he was given a higher sentence after the decision was overturned.

The rapist in this case has admitted to his crime, saying he raped a 14-year-old girl in 2011 at Booker T. Washington High School for the Performing and Visual Arts when he was age 18, which would make him an adult at the time of the crime. Sir Young told police: “I hate to have that on my plate. But that’s rape.” Young also plead guilty to the rape charges although the victim says she told him to stop multiple times before and during the sexual assault.

But judge Howard apparently felt the rapist in this case deserved a little leniency because had barely turned age 18 when the rape occurred. Talking about the rape victim, the judge said:

“She wasn’t the victim she claimed to be. He is not your typical sex offender. There are rape cases that deserve life. There are rape cases that deserve 20 years. Every now and then you have one of those that deserve probation. This is one of those and I stand by it. My job is not to make people happy. My job is to follow the Constitution and do the right thing. I will always do the right thing.”

The reason judge Howard makes this claim is because the girl texted Young about spending time together and had even discussed having sex, but apparently she wanted to limit her physical interaction to only kissing while in the school. It’s also claimed that medical records show the girl was not previously a virgin and had at least three sexual partners. It’s said the rape victim had given birth to a baby, although the girl’s mother disputes this last point and claims her daughter has never been pregnant.

The girl also said she wishes she had never brought up the 2011 assault case because the judge’s 45-day rape sentence essentially declares that “everything I went through was for nothing.” In addition to the light jail sentence, Young will not have a criminal conviction on his record if he complies with the terms of his five-year probation. These terms are also considered easy because the man will “not have to stay away from children, attend sex offender treatment, undergo a sex offender evaluation or refrain from watching pornography.” The only other major punishment for the rape will come once a year when Young has to a spend a day in prison as a reminder of what he did.

Judge Howard also wanted Young to spend 250 hours of community service hours at Dallas Area Rape Crisis Center, but Executive Director Bobbie Villareal shot that idea down:

“I’m sure she probably thought that it was his way of giving back perhaps. But it’s just not an appropriate place for him to do his community supervision. There’s just so many problems with that. First of all, we would worry about our client safety and well-being, the appropriateness of them having any kind of contact with survivors — even if it was a past victimization. Just having a criminal defendant in the office could be a triggering effect for many of our clients.”

Do you think it was fair for Texas judge Howard to give admitted rapist Sir Young only a 45-day rape sentence given the situation? Or do you think this is another case of a judge blaming the victim?