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Robert H. Richards IV, one of the heirs to the du Pont fortune, admitted in June 2008 that he had raped his 3-year old daughter
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Newly released documents reveal that in 2009 a Delaware judge sentenced a wealthy heir to probation after he admitted he had raped his 3-year old daughter, saying the rich white man would “not do well� in prison.

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Second, while it is unusual (to say the least) that Judge Jan Jurden took Richards’s welfare in prison into account, the real injustice is that by the time Richards was sentenced, he was only convicted of fourth-degree rape, which only calls for a prison term of zero to 2 ½ years. In Delaware, fourth degree rape  is usually applied in cases of “statutory rape,â€� i.e., sexual intercourse with a minor. Technically, the criminal statute does include non-consensual sex, but normally, that calls for a higher charge.

Originally, Richards was charged with two counts of second-degree rape, each of which would have carried a mandatory ten years in prison. But a few days before the trial, in June 2008, Richards got a plea deal from the Delaware state prosecutor: admit to the abuse, and go down to fourth degree instead of second. Prosecutor Renee Hrivnak recommended probation, not jail time—surely part of the plea deal as well.

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The problem isn’t one rich guy buying his way out of the system. The problem is the system itself, underfunded by conservatives and the tough-on-crime crowd, and thus at the mercy of lawyers able to play the game with their full attention. Prosecutors, public defenders—none of them have the resources to be able to focus like a good criminal defense team can. It’s affluenza, alright—but the entire system is afflicted with it.