Crescent City, CA - A judge gave a few days active time and probation to Nolan Bruder, age 20, who raped his 16-year-old sister, going against the recommendations of the District Attorney and the Probation Department.
According to KRCTV, Nolan Bruder pleaded guilty earlier this month to the charge of rape of an intoxicated person. In his confession, he said that his sister had refused to have sex with him. He said that he gave his sister high-potency marijuana known as 'dabs' to smoke, until she was so stoned she could no longer recognize him as her brother.
Judge William H. Follett sentenced Bruder to just three years, and then suspended all but 240 days of that. He then gave Bruder probation.
District Attorney Dale Trigg said that "he could not disagree more" with the sentencing.
After sentencing Bruder, Judge Follett said that he believed "the stigma" of Bruder's conviction along with 'mandatory sex offender registration' would prevent him and others in the community from reoffending.
The DA said "I could not disagree more. 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. That is not the message I want to send to our community."
During the sentencing, Judge Follett noted that the victim took off her own clothes and was not unconscious. He also doubted if there was sufficient evidence for a jury to convict.
At the trial, Deputy District Attorney Annmarie Padilla argued that Judge Follett should follow the Probation Department's recommendation of six years in prison.
The date of the crime predated the Brock Turner case. In that case, Turner, a Stanford University swimmer, served three months in jail for sexually assaulting an unconscious woman. After that case, the California legislature changed the law to make such crimes ineligible for probation.
Nolan Bruder's crime was committed before the Turner ruling, and the new law does not apply to his case.
Trigg said that this case was worse than Turner's case, because he took advantage "of a position of trust as the victim's big brother."
He said, “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.”
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