A plea for leniency by the victim’s grandmother has resulted in a county sentence instead of state prison time for a Warren man who had sex with a 13-year-old girl.

Robert W. Haney, 19, was sentenced on a count of statutory sexual assault: 4-to-8 years older by Judge Gregory Hammond on Friday.

According to the affidavit of probable cause, the victim “admitted that she engaged in sexual intercourse with a male older than her on one or two occasions.”

She admitted that she met Haney on Facebook “and began messaging him,” and would then “see (Haney) around town and began to hang out with him.”

The victim told police that she was 13-years-old “when she first started talking and engaging in sexual relations with” Haney. “The victim stated that this was wrong and (Haney) admitted it to her that he knew it was also.”

Haney’s attorney, Assistant Public Defender Mike Kitay, said his client was before the court to take responsibility.

“Our hope is for this not to affect the rest of his life,” he said. Indicating he has already served seven months in the county jail, Kitay said his client “expresses how he’s going to proceed in the near future.”

The victim’s grandmother addressed the court and said it is her hope that Haney “hopefully learned a very valuable lesson,” and said she wants him “to be able to go on with his life.”

District Attorney Rob Greene described the victim as an “extremely young female” and said Haney’s conduct in the county jail indicates he “seems to want to go to state prison.”

Hammond highlighted four misconducts in the jail resulting in 35 days lockup and said his answers in a jail education program are indicative that “certainly you weren’t taking that program seriously.

“Your victim is just that, a victim. She cannot legally consent,” he said. “That’s a seventh-grade girl and a grown man.”

Hammond said he appreciated the victim’s grandmother’s compassion.

“She has more of that than I do,” he said, noting Haney should thank her because he was inclined to sentence him to state prison.

But he told Haney that he “wouldn’t fair well” in the state system and “would probably be on the other end of victimization.”

Hammond sentenced Haney to one year less two days to two years less one day, three years probation, $1,625 in fines and fees, to have no contact or communication with the victim or guardian or trespass on their property, 80 hours of community service, submission of a DNA sample and a sexual offender evaluation and compliance with any recommendations on a count of statutory sexual assault – 4-to-8 years older. He was given credit for 222 days time served and is work release and early reentry eligible.