A judge has recused herself from the case of a Dallas teen who was raped by a classmate.

Sir Young was sentenced to 45 days in jail and five years of probation after he admitted to raping his victim. However, he doesn’t have to stay away from children, attend sex offender treatment, undergo a sex offender evaluation or refrain from watching porn, all of which are typical probation requirements for convicted rapists. If he stays out of trouble for the duration of his probation, the crime will be expunged from his record.

State District Judge Jeanine Howard told the Dallas Morning News that the sentence was so light because the victim wasn’t a virgin, and she “wasn’t the victim she claimed to be.” The victim maintains that she was a virgin at the time of the rape.

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Both Kimberly Guilfoyle and Lis Wiehl said that using previous sexual history is inadmissible and irrelevant either way, but that the judge clearly factored that into her decision.

Howard also ordered Young to complete community service at the Dallas Area Rape Crisis Center, but the center doesn’t want him there.

“So we’ve got a rapist in a rape counseling center, counseling rape victims?” Wiehl said.

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While this crime could be cleared from Young’s criminal record a few years down the road, Laura Ingraham said it won’t be expunged from the victim’s mental record.

Watch the full discussion above.