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This undated photo provided by the Cheyenne County Sheriff Dept. shows the booking shot of 5-foot, 1-inch tall Richard W. Thompson.
Height should have nothing to do with justice, Nebraska's top law enforcement officer said on Thursday.
District Judge Kristine Cecava of Cheyenne County on Tuesday sentenced Richard Thompson, 50, on two counts of sexually assaulting a 13-year-old girl. He was given 10 years of probation by a judge who said the man was too small to survive prison. His sentence to intensive supervision probation means he'll be electronically monitored for 120 days, he cannot be alone with anyone under 18 and he can't date or live with anyone whose children are under 18.
On Thursday, Nebraska Attorney General Jon Bruning said he'll appeal the decision.
"I don't care if he's 3 feet tall," Bruning said. "It's an abomination. My office will appeal it. If you abuse a child, you're going to pay a price."
During the sentencing, Cecava told Thompson that he should serve time, but she said his height makes him a potential victim in jail.
Rape victim advocates, including Mary Larsen of the YWCA, said that puts Thompson's safety above the community's.
"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," Larsen said.
Are people of Thompson's height at risk in jail? Carol Durham, with the Pottawattamie County, Iowa, Jail, said Thompson may face trouble behind bars, but not because he's short.
"Due to his size, I really don't think so. Due to his crime, probably," Durham said.
Durham said other inmates so sometimes target child molesters. Nebraska State Corrections head Steve King agreed.
"We have individuals that are small that have functioned very well in general population, and they've done that for years without any kinds of problems, and they're smaller than 5-foot-1," King said.
Both facilities said they actually have very few inmate-versus-inmate assaults every year.
At least one group said Cecava was right to take Thompson's height into consideration during the sentencing. The National Organization of Short-Statured Adults said it agrees with her assessment that Thompson faces potential dangers in jail. The New York-based group strives to combat a prejudice they call "heightism."
Bruning said he plans to file his appeal in the next two weeks.
Height should have nothing to do with justice, Nebraska's top law enforcement officer said on Thursday.
District Judge Kristine Cecava of Cheyenne County on Tuesday sentenced Richard Thompson, 50, on two counts of sexually assaulting a 13-year-old girl. He was given 10 years of probation by a judge who said the man was too small to survive prison. His sentence to intensive supervision probation means he'll be electronically monitored for 120 days, he cannot be alone with anyone under 18 and he can't date or live with anyone whose children are under 18.
On Thursday, Nebraska Attorney General Jon Bruning said he'll appeal the decision.
"I don't care if he's 3 feet tall," Bruning said. "It's an abomination. My office will appeal it. If you abuse a child, you're going to pay a price."
During the sentencing, Cecava told Thompson that he should serve time, but she said his height makes him a potential victim in jail.
Rape victim advocates, including Mary Larsen of the YWCA, said that puts Thompson's safety above the community's.
"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," Larsen said.
Are people of Thompson's height at risk in jail? Carol Durham, with the Pottawattamie County, Iowa, Jail, said Thompson may face trouble behind bars, but not because he's short.
"Due to his size, I really don't think so. Due to his crime, probably," Durham said.
Durham said other inmates so sometimes target child molesters. Nebraska State Corrections head Steve King agreed.
"We have individuals that are small that have functioned very well in general population, and they've done that for years without any kinds of problems, and they're smaller than 5-foot-1," King said.
Both facilities said they actually have very few inmate-versus-inmate assaults every year.
At least one group said Cecava was right to take Thompson's height into consideration during the sentencing. The National Organization of Short-Statured Adults said it agrees with her assessment that Thompson faces potential dangers in jail. The New York-based group strives to combat a prejudice they call "heightism."
Bruning said he plans to file his appeal in the next two weeks.
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