Judge Rules Sex Offender Too Short for Prison

A Nebraska judge ruled that a 5-foot 1-inch man convicted of child molestation was too short to survive in prison and ordered him 10 years probation instead.

While Judge Kristine Cecava believed that Richard W. Thompson deserved a long prison term, she was concerned that his small size would endanger him and make him an easy target among the inmates.

Thompson was convicted of two felony sexual assault charges for molesting the 12-year-old daughter of his fiancé. Under his probation, he will be electronically monitored for the first several months. Furthermore, Thompson is prohibited from being alone with anyone under the age of 18 or live with a woman who has children under 18.

Thompson faces one month in jail every year of his probation sentence if he violates any of the terms.

The court case has drawn widespread attention and controversy between crime victim supporters and advocators of short people who are pleased that the special challenges short people face have been recognized.

“I’m assuming a short inmate would have a much more difficult time than a large inmate,” said Joe Mangano, secretary of the National Organization of Short Statured Adults.

According to prison system spokesman Steve King, there are inmates of all ages, and physical statures in prison. He also adds that there are many protections available to those who feel threatened by other inmates.

State Sen. Ernie Chambers of Omaha, was shocked by the ruling. “If shortness is an excuse and protection from going to prison, short people ought to rob banks and do everything else they would wind up going to prison for,” he said. “We’re talking here about a crime committed against a child, and shortness is not a defense.”

The state’s attorney general will appeal the judge’s sentence.