Delaware Judge Sentences DuPont Heir To Treatment Rather Than Prison In Child Rape Case Because He Would “Not Fare Well” in Prison [Updated]

1396212401000-wildc5-6ehdlb201ybix4mc8ky-original-1A Delaware Superior Court judge, Jan Jurden, is under fire after sending a wealthy heir to the DuPont fortune to treatment rather than prison because Robert H. Richards IV would “not fare well” in prison after being convicted of raping his 3-year-old daughter. [A review of the record shows the concern raised about not faring well in prison but it is not clear how stated this concern. The Judge did express concern over the lack of jail time, though it is not clear why the Judge approved the sentence]

Jurten was convicted of fourth degree rape. Under state law, fourth degree rape is defined as:

§ 770 Rape in the fourth degree; class C felony.

(a) A person is guilty of rape in the fourth degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or

(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or

(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim’s consent; or

b. The victim has not reached that victim’s sixteenth birthday.

Richard was accused of rape after his ex-wife Tracy filed a lawsuit over the abuse of his daughter. Richards lives off a trust fund and has no job. His great-grandfather is du Pont family patriarch Irenee du Pont, and his father is Robert H. Richards III and was a named partner at the Richards Layton & Finger law firm. He lives in a mansion worth $1.8 million in Greenville. He was accused of sexually abusing his infant son between 2005 and 2007 as well as his daughter starting when she was 3. He was originally indicted on two counts of second-degree rape of a child. After the girl described sexual abuse, Tracy Richards confronted her then-husband who allegedly admitted to the abuse but said “it was an accident and he would never do it again.”

Richards took a plea to one count of rape in the fourth degree, which has no mandatory time but can result in up to 15 years in jail.

The plea bargain likely reflected the challenge of any trial based on dated accounts of a very young child. However, what Richards did plead guilty to fourth degree rape, still a very serious offense. The question is whether it is appropriate for such a felon to be spared jail due to the adjustment needed in going from a mansion to a prison cell. For some it reminds them of the recent affluenza case in Texas.

Defense lawyer Joseph A. Hurley insisted that the court got it right: “Sex offenders are the lowest of the low in prison. He’s a rich, white boy who is a wuss and a child perv. The prison can’t protect them, and Jan Jurden knows that reality. She is right on.”

What do you think?

Source: Delaware Online

102 thoughts on “Delaware Judge Sentences DuPont Heir To Treatment Rather Than Prison In Child Rape Case Because He Would “Not Fare Well” in Prison [Updated]”

  1. I live in Delaware, and I truly despise this state. The system is here is totally unjust and extremely unfair, for lack of a better word. Years ago when I was a child, I often used to hear stories/myths of the DuPont family mating with their own bloodline, to keep their riches in the family line. And that there’s a special wing in the DuPont Children’s Hospital where there are offspring who are deformed and mentally retarded, and how they make these strange noises. After reading about this sick and twisted DuPont freak, I believe it now!

  2. What kind of justice is this? Thinking throwing him in prison is a “death” sentence is probably correct. Though Think about what he did to these poor innocent children. He is a big guy and by body mass alone is just as able to handle himself should he need to. No this was a case of abuse of wealth and power and it sickens me. It sickens me to think that those poor babies were scarred for life because of what he did and he isn’t being punished. He is just out there free do hurt someone elses child. The judge is just as bad if not worse. She willing let a man who confessed to such an unbelievable and disturbing crime off with a slap on the hand and a kiss on his ass. I am happy that the mother had the courage to go through with the lawsuit though I am sure it was difficult. She is a brave and honorable woman for doing the right thing where as there are several mothers out there that wouldn’t dare going through with it. I just wonder where the rest of the family is. This man may be the heir to the family fortune but those kids are the ones next in line for it, take it from him and give it to them. Then throw him in prison and let his sorry butt fend for himself.

  3. I think they should send him to Texas where “gun control” means holding it with two hands and the phrase “he needed killing” is an affirmative defense.

    1. … Texas where “gun control” means holding it with two hands and the phrase “he needed killing” is an affirmative defense.

      I knew a rogue trial judge who deserved to die on the spot , on the square , from immediate physical trauma .

      A true jury of peers would never leave the jury box , to announce to the court , “ What took so long ? ”

  4. It would appear as if some incestuous pedophile rapists are more equal than others.

  5. Affluenzia….. The new defense…. But heck…. If the CIA gets a pass why can’t he…..l

  6. Nick & Dredd;

    Our system of laws, with the intent thereof to garner civility – is awesome.

    That being said, there are those wicked ones who draft and certify a less than good faith intent (such as the recent decision’s of courts to permit many charges to beat a party into submission and/or the Sup Ct. recent decision to up the limits on contributions).

    Justice Thomas says it all (in his Monsanto way) – that there should be NONE!

    Be that as it may, our problems in our legal system is the diametric good faith intent of Code & Rules drafters and the autocratic system of nominating, confirming and entrenching justice system administrators and warriors/watchdogs.

    As I attempted to say (in a censored comment) – WE (you and I) are the ones who are at fault for our systems of justice being disenfranchising.

    If society doesn’t care enough to STAY involved (due diligently) – the weeds will grow, expand and choke the harvesting of the integrity of justice.

    United we stand;
    divided by apathy/laxity
    we are already conquered!

  7. Maybe Bob Richards and Anthony Weiner could get their own reality show on MTV. They could have a contest on what to call the show.

  8. He’s a waste of human breath.He was convicted. Lock him up, and let the chips fall where they may. If it was some poor person, they’d have been taken away immediately. Also, confiscate that trust fund and put it towards the healing of children who’ve been sexually abused. Let that cash do some good, instead of the evil this man has perpetrated.

    1. My guess is that he is going to lose the house and much of the trust fund in the coming divorce.

  9. How is this possible that this evil man does not get the death sentance?…..

  10. Paul Schulte@12:04pm
    Having worked as a correctional officer in an earlier life, I can tell you the judge is right. Sentencing him to prison is the same as giving him a death sentence. Even though he would be in isolation, he would be at great risk.

    ==================
    Mahogany@2:46
    This may or may not be the result of his wealth. I’ve had public defender clients spared jail because they would not fare well. Two that stand out are a cute, slightly built white kid (barely adult) and a trans (or at least cross dressing) black male. The judges in those cases explicitly spared them jail because of what might happen to them. And they were poor.
    ================================

    Court records show Richards as 6-foot-4, between 250 and 276 pounds.

    you’d know that if you click “source”

  11. Here is what I have to say to both the judge and the defense lawyer: “Got any young girls in your house? Yes. So you’re willing to have him do his probation with you then?”

    1. The duty of the defense lawyer is to represent the rights of the defendant as guaranteed by the Constitution , statutes and case law .
      The duty of the judge is to follow the rule of law ; I believe her sentence was inappropriate .

  12. So then, if his traumatized victims grow up to be maladjusted adults and act out or self medicate and commit an offense….will they be afforded the same leniency when they are sentenced? Doubtful.

  13. Another case of Affluenza? To put an immigration spin on this child rape case, why not deport Richards to Mexico and let some undocumented Mexican family in Delaware have his house if they adopt his daughter?

  14. Unbelievable! I agree with Paul–money buys justice. Are there any honest judges left in this country??

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