CHESTERFIELD, Va. (AP) — A Virginia judge decided not to impose any active prison time for a 19-year-old man who prosecutors say tied up a 14-year-old girl and sexually assaulted her after they attended a school play.

The Richmond Times-Dispatch reports that in January, Chesterfield Circuit Judge T.J. Hauler sentenced Logan Osborn to 10 years in prison with eight years suspended. But in January and again Wednesday, Hauler stayed execution of the two-year active term, noting that guidelines called for no incarceration.

Osborn pleaded guilty to having carnal knowledge of the girl in an agreement in which prosecutors wouldn’t pursue a forcible sodomy indictment.

Osborn’s attorney says it was consensual, but prosecutor Erin Barr says at 14, the girl couldn’t legally consent to sex.

Barr said the family is disappointed Osborn won’t serve prison time.

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