Douglas County Dist. Atty. Christine Kenney said she was disappointed and had filed a notice of appeal Friday after a judge sentenced a rape defendant to 60 days in jail.

The sentence was a far cry from the presumed penalty under state law of about 13 years in prison.

“It was very difficult for the victim to go through all of these proceedings, and we feel that this significant of a departure was not warranted,” Kenney said.

Afterward, Douglas County District Court Judge Paula Martin said it would be inappropriate for her to discuss the matter out of court and declined further comment about the sentence she handed down to William N. Haney, 18, Lawrence.

Haney was convicted at a jury trial in October of having sex with an intoxicated 13-year-old girl June 14 at an apartment in central Lawrence. Under Kansas law, sex with someone under age 14 is classified as rape, regardless of whether the victim was a willing participant.

State sentencing guidelines say the presumed penalty for rape, a level 1 felony, is 155 months, or 12.9 years, for someone with no criminal history. But Martin granted defense attorney Kathleen Ambrosio’s motion for a departure, or deviation, from the guidelines.

“We are very disappointed in the granting of the departure motion,” Kenney said.

Some of the reasons Martin cited included the fact that the girl was close to turning 14 and that Haney was close to being a juvenile, Kenney said — two factors that would have caused the case to be charged differently.

Kenney also said Martin noted the incident was different from other rapes that involve physical force.

Martin also ordered Haney to complete five years on probation. If he violates probation, he’ll face a 30-month prison sentence, Kenney said.

There are three co-defendants in the case — two of whom have been convicted of rape or attempted rape, and one of whom was sent to Larned State Security Hospital for an evaluation.

The only other defendant to be sentenced so far, 18-year-old Dana S. Jackson — who was a juvenile at the time — received a 30-month sentence after a plea to attempted rape.