Topeka ? A man convicted of repeatedly raping and sodomizing a 14-year-old girl last year was sentenced to three years probation rather than nearly 13 years in jail.

Orlando Paul Cisneros, 38, was released Friday from the Shawnee County Jail after Judge Matthew Dowd sentenced him to three years of intensive supervised probation.

A jury had found Cisneros guilty of 17 charges, including aggravated indecent liberties, criminal sodomy and rape for crimes in September and October 2006. Under sentencing guidelines, Dowd could have sentenced Cisneros to 13 years in jail.

District Attorney Robert Hecht said he would appeal the sentence.

“Given this is a 38-year-old man who raped and sodomized a 14-year-old girl, I thought the sentencing imposed by the court was incomprehensible,” Hecht said.

The girl’s father said she met Cisneros while staying overnight with a friend.

The Topeka man said he later found out that Cisneros was at the girlfriend’s home and that sexual activity had begun on the first sleepover. He said his daughter later sneaked away at night to meet Cisneros.

Dowd said he departed from sentencing guideline based in part on Cisneros having “massive depression” at the time of his alleged crimes and noted Cisneros is being treated with medication and psychiatric therapy.

The judge also said Cisneros had shown a history of having steady employment.

“I felt he had a good chance of rehabilitation, based on family support,” Dowd said. “Plus, I felt there was no permanent, severe damage to the victim. She said that, too.”

As part of his probation, Cisneros must continue with his psychiatric treatment and medication and can’t have contact with the victim.