To be fair, thats not what he said.
Actually, it was...
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Baugh said during Rambolds sentencing in August that the teenager was probably as much in control of the situation as the defendant and that she appeared older than her chronological age.
-snip-
After public outcry, Baugh apologized for the comments and acknowledged the short prison sentence violated state law. He attempted to revise it retroactively, but was blocked when prosecutors appealed.
http://missoulian.com/news/state-and-regional/montana-supreme-court-reprimands-judge-for-rape-comments/article_76974ae4-11b2-11e4-9bbc-001a4bcf887a.html
That explains it.