From Daily Mail: A 20-year-old man who drugged and raped his 16-year-old sister was sentenced to less than a year in prison by a California judge on Wednesday.
Nolan Bruder pleaded guilty earlier this month and admitted that he gave his younger sister high potency marijuana to smoke until she reached a point where she no longer recognized him as her brother after she resisted his repeated sexual advances, KRCR reported.
Bruder was sentenced by Judge William Follet to serve only three years in prison with all but 240 days suspended in favor of granting probation for rape of an intoxicated person, according to the Del Norte District Attorney’s Office.
Follet said that the stigma of this conviction along with the mandatory sex offender registration requirements would ‘sufficiently deter Bruder.’
After the judge’s sentencing, district attorney Dale Trigg said he ‘could not disagree more with (it).’
‘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,’ Trigg told KRCR. ‘That is not the message I want to send to our community,’
Trigg said that the judge noted in court that the victim took her own clothes off and was not unconscious.
Follet apparently also questioned if there was enough evidence for a jury to convict Bruder, despite there being a video-taped confession that the 20-year-old gave after admitting to what he did.
During the sentencing hearing, Deputy District Attorney Annamarie Padilla argued that Bruder should be sentenced to prison for six years in following the Probation Department’s recommendation.
Trigg said that since the highly-publicized rape case involving ex-Stanford swimmer Brock Turner, the California legislature changed the law to make such crimes ineligible for probation.
Turner sexually assaulted an unconscious woman after a party and was eventually spent three months in jail for the crime. Trigg said that in this case, Bruder benefited from the fact that the crimes he committed pre-dated the change in the law, which allowed Follet to sentence him to probation.
The district attorney argued that Bruder’s crime is significantly worse than Turner’s. ‘In a lot of ways, this case is more egregious than Brock Turner,’ Trigg told KRCR. ‘This defendant took advantage of a position of trust as this victim’s big brother. He knew she didn’t want to have sex with him.
‘She told him that repeatedly. So he got her stoned on dabs he gave her until she didn’t even recognize him in order get what he wanted.’