Original sentencing slightly harsh???

[Emsickle]

http://news.bbc.co.uk/1/hi/world/americas/6743303.stm

[smirnoff]

hmmmmm

[Emsickle]

I'm in two minds, but the thing that confuses me is that one side is classed as a felony, yet the other a demeanour.....why the huge difference (and in this case, why like this when it was consensual)