Richard Thompson dodged prison this week in a sexual assault case because the judge said he was too short for the Big House. Nebraska's attorney general is challenging the sentence.

Thompson was given 10 years probation in a Cheyenne County case involving two felony sexual assault charges.

Attorney General Jon Bruning said Thursday that he plans to appeal the sentence.

"This sentence is far too lenient," Bruning said. "Anyone who sexually assaults a child deserves to live their life behind bars for awhile."

Bruning said that his office will file the appeal within the next two weeks.

The case was drawing international attention, with crime victim advocates decrying the sentence and supporters of short people saying it's about time someone recognized the challenges they face.

"He would probably end up being somebody's woman," said Joe Mangano of New York City, secretary of the National Organization of Short Statured Adults. "Then again, after what he did some people might think he would deserve that sort of a fate."

The 5-foot, 1-inch tall Richard W. Thompson was sentenced on Tuesday. Cheyenne County District Judge Kristine Cecava told Thompson his offenses warranted a long prison sentence, but she said that he was too small to survive very long in a state prison. He could have been sentenced to 10 years behind bars.

Thompson had sexual contact over a period of two months last year with the 12-year-old.

I'm concerned about the message this sends to victims and perpetrators," said Marla Sohl, with the Nebraska Domestic Violence Sexual Assault Coalition in Lincoln. More concern is being placed on the criminal and his safety in prison than the victim, Sohl said.

The judge's reasoning also confounded Amy Miller, legal director for the Nebraska chapter of the American Civil Liberties Union.

"I have never heard of anything like this before," she said.

No one has ever come to the ACLU to complain of height discrimination, she said. And using Thompson's height as a reason to avoid sending him to prison is surprising, because neither the U.S. or state constitutions provides protections based on physical stature, she said.

But back in New York, the 5' 4" Mangano said he agreed with the judge's assessment that Thompson would face dangers while in prison because of his height.

"I'm assuming a short inmate would have a much more difficult time than a large inmate," Mangano said. "It's good to see somebody looking out for someone who is a short person."

Thompson's height would not put him at risk among the state's 4,400 inmates, said prison system spokesman Steve King.

"He's not the shortest guy we have in prison," King said. "We've got some short guys that are as tough as nails. We've got people from all ages, physical stature of all sizes, in general population."

There are protections available in prison to help inmates who feel threatened, King said, but to his knowledge no one has ever taken advantage of them based on fears related to their height.

State Senator Ernie Chambers of Omaha said he was totally baffled by the sentence.

"We're talking here about a crime committed against a child, and shortness is not a defense," Chambers said.