CHESTERFIELD, Va. — A 19-year-old man who allegedly tied up a 14-year-old girl and forced her to perform a sex act will not serve any jail time after a judge stayed the initial criminal sentence in its entirety last week following consideration of arguments that included that the encounter was “consensual” and advising the defense, “I need to hear some positive things.”

According to reports, Chesterfield Circuit Judge T.J. Hauler had originally sentenced Logan Osborn to 10 years behind bars with 8 of those years suspended. In January, he decided to stay the remaining two-year prison term, stating that he wanted to consider the case further to determine how much of the two years Osborn would actually serve.

On Wednesday, citing that “discretionary state sentencing guidelines” call for probation rather than incarceration, he again stayed any prison time, but required him to register as a sex offender.

The Richmond Times-Dispatch reports that Osborn, then 18, had attended a high school play with the girl, previously exchanging text messages with her as he had asked if she wanted to leave the play early to “have some fun.”

He walked the girl out to an area on the school grounds that was not occupied by others and then allegedly pushed her against a fence and to her knees, tying up her hands and neck with his belt. Osborne then forced the teen, who was crying, to perform a sex act.

When the girl’s mother picked her up, she could tell that something was wrong, and the girl told her mother what had happened. The girl’s mother then called police and the teen was transported to the hospital for a forensic exam.

Osborn’s attorney had argued in court that the incident was consensual—that the two had discussed “Fifty Shades of Grey” and the girl described herself as a “kinky person.” He stated that the girl agreed to “have some fun,” and that the text messages “support[ed] his version of the facts.”

However, prosecutors contended that the girl “didn’t know what she was getting into” and that Osborn rather took advantage of the teen. They noted that it is not legal for an adult to have sexual relations with a 14-year-old in the state of Virginia.

In September, Osborn pleaded guilty to having carnal knowledge a minor as part of an agreement that a forcible sodomy charge would not be pursued. He was sentenced to 10 years behind bars with 8 years suspended.

But in January, Hauler delayed the punishment as he said he wanted to consider the case further. On Wednesday, a hearing was held surrounding the matter, and Hauler reportedly advised the defense, “I need to hear some positive things.” The defense brought forward Osborn’s foreman at his place of employment, who told the court that Osborn has a good work ethic and keeps a positive attitude on the job.

A psychologist, however, stated that Osborn was a “moderately high risk” for reoffending as this was not the first time he had been in trouble for inappropriate contact with girls.

Hauler ultimately concluded that discretionary sentencing guidelines call for probation rather than incarceration.

The girl’s family has expressed disappointment that Osborn will not serve any prison time, and believe that Hauler’s decision is a miscarriage of justice.

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