On Tuesday, Richard Thompson, 50, was sentenced to serve 10 years of probation instead of serving jail time for two counts of sexual assault on a 13-year-old girl.

District Judge Kristine Cecava of Cheyenne County decided that Thompson, a 5-foot-1 man, was too short to be able to survive in prison. Although the judge admitted that the convict deserved a long sentence, she was concerned that his short stature would cause him to become a victim of danger within the prison.

Nebraska's Attorney General, Jon Bruning, stated on Thursday that he would file an appeal to Judge Cecava's decision.

According to a Nebraska top police official, height should have nothing to do with serving justice.

Mary Larsen, a rape victim advocates stated to the KETV News station that "I imagine the perpetrator didn't check the height of the victim as he was choosing his victim. He chose his victim by their vulnerability and accessibility, not by their height."

According to an Associated Press report, Thompson will be monitored by an electronic device for the first fourth months of his probationary period. The report also stated that Thompson was told never to be alone with anyone who was not an adult nor to date or live with a woman who has children.

The Associated Press report adds that Judge Cecava ordered that Thompson must also discard all of his pornography as well.