short person defense?

Probation for Short Sex Offender Draws Fire
LINCOLN, Neb. (May 26) - A judge's decision to sentence a 5-foot-1 man to probation instead of prison for sexually assaulting a child has angered crime victim advocates who say the punishment sends the wrong message.

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Considering the severity of the offense, I think that this ruling is pretty outrageous. Yes, he might be at more risk in prison, but so would a skinny person, or hell, a good looking person, for that matter! That doesn't mean that these people can commit crimes without reprisal, though!