Defendant in rape of a child receives 90 days detention

STOCKTON, California. – A 79-year-old man who pleaded no contest to the crime of rape of a child was sentenced to 90 days detention, and will not have to register as a sex offender.

The sentence upset the parents after they gave emotional testimony during the hearing.

“I want other children to be protected by possible future abuse by this man,” the mother of the child said.

Defendant Lyle Burgess was sentenced Wednesday in San Joaquin County Superior Court to detention in an alternative work program or at home, The Record newspaper of Stockton reported . He will also be under informal probation for five years.

Despite the word “rape” is the crime, there is no penetration, said Robert Himelblau, the guidance of the deputy district attorney for San Joaquin County.

Gregory Davenport, an attorney for Burgess, said the fee is based on a claim by the mother of the girl that they saw Burgess, stick his hand down her daughter’s pants in 2016.

At the hearing, the court reminded the parents that they felt the plea agreement was fair it was reached, the newspaper. The girl is now 7.

Davenport told The Associated Press on Friday that Lyle Burgess accepted the plea deal, despite the fact that it is innocent, because he is in poor health and wanted to move on with his life. Burgess denies ever touching the child inappropriately.

“The whole thing is based on a number of small touch that my client refused even occurred,” Davenport said.

The Associated Press is not the names of the parents to protect the identity of the child, in line with the AP’s policy to prevent the identification of victims of the alleged sexual abuse.

A lawyer of the family, Kenneth Meleyco, do not respond to e-mails and a phone message through the AP in search of comment.

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