evidence there is, and in this case -- >> but if it's sexual assault, isn't it sexual assault? >> yes, it is, however sometimes you can have situations where if there is not a lot of evidence, they may work out a deal. this was a jury conviction and he was looking at 20 years in prison and $10,000 fine, and the jury recommended eight years of straight probation and the judge said i am sending him to jail for 180 days. he will have a ten-year probationary tail, and he can be sent back to prison for the maximum time. it does sound light. six months does sound light for this case when you read the statement and hear the details of the assault. >> and they found the baylor, the university he transferred into, never examined the rain kit ever that was administered on this victim. legally, danny, was baylor