Robert H. Richards IV was charged with fourth-degree rape in 2009 after he admitted that he had raped his daughter almost a decade ago.  Revealed: Multimillionaire du Pont family heir was spared jail for raping his three-year-old daughter because judge decided he would 'not fare well' behind bars 
 
 Robert Richards was charged with fourth-degree rape of his young daughter but was spared jail 
 
 Shocking details about the offense and an alleged assault on his infant son have emerged in a lawsuit brought about by his ex-wife Tracy 
 
 Richards is an unemployed heir living off his multi-million dollar trust fund 
 
 His ex-wife is suing for compensation for her two children and the emotional distress they've endured 
 
 In sentencing him in 2009, Judge Jurden said Richards would benefit from participating in a sex offenders rehabilitation program rather than prison 
 
 
 
 Shocking details have emerged of how a multimillionaire heir to the du Pont chemical business was convicted of raping his three-year-old daughter but escaped serving prison time after a Delaware Superior Court judge ruled he would ‘not fare well’. Tracy Richards, who along with the two children now live in a rental home, is seeking compensatory and punitive damages for assault, negligence, and intentional and negligent infliction of emotional distress on his two children. Abuse of the children occurred at both of Richards' homes, including the 5,800-square-foot Greenville mansion that he paid $1.8 million for, pictured 
 
 The proven abuse of his daughter and alleged assault of his son has caused his children 'long-term injuries,' the lawsuit filed Tuesday said, perhaps including depression, post-traumatic stress disorder, sexual dysfunction and shame. Judge Jan Jurden, right, said Roberts, the great grandson of Irenee du Pont, left, would benefit from participating in a sex offenders rehabilitation program rather than serving any prison time 
 
 Richards hired one of the state's top law firms and was offered a plea deal of one count of fourth-degree rape charges - which carried no mandatory minimum prison sentencing. The lawsuit filed by Richards' ex-wife accuses him of admitting to sexually abusing his infant son between 2005 and 2007, the same period when he abused his daughter starting when she was 3. Robert H. Richards IV was charged with fourth-degree rape in 2009 after he admitted that he had raped his daughter almost a decade ago 
 
 News of the shocking leniency shown to Richards emerged just last Tuesday in the details of a lawsuit filed against him by his ex-wife Tracy 
 
 In her lawsuit, Tracy Richards charges that he penetrated his daughter with his fingers while masturbating, and subsequently also assaulted his toddler son as well. (3/18/14) 
 
 The plea offer 
 
 Attorney General Beau Biden's office had initially indicted Richards on two counts of second-degree rape of a child – Class B violent felonies that carry a mandatory 10-year prison term for each count. According to the arrest warrant filed by a New Castle County Police Detective JoAnna Burton in December 2007, the girl, then 5, told her grandmother, Donna Burg, that Richards sexually abused her. Richards was free on $60,000 secured bail while awaiting trial on the charges that could have put him behind bars for years. Modica, who has represented numerous sex offenders, said he has seen the need for treatment as a factor in reduced sentences for defendants in child porn cases but not for sex crimes. Richards spent eight months on Level 3 probation, which requires weekly contacts with a probation officer, before Jurden moved him down to Level 2, which requires only monthly visits with a probation officer. Lawyers for Tracy Richards, far right, hold up photos of where her husband lives, the $1.8m mansion on the right and where she and their children currently rent on the left 
 
 Several times, he entered her bedroom at night while she slept and penetrated her with his fingers while masturbating, said the lawsuit, which includes documents from the criminal case.
– You'd expect some jail time for a child rapist, right? Not so for du Pont heir Robert H. Richards IV, who admitted to raping his 3-year-old daughter almost a decade ago, the Daily Mail reports. In a 2009 case that's only now coming to light, the News Journal reports that Delaware Judge Jan Jurden sentenced Richards to an eight-year prison term but suspended it for probation, plus a sex offenders rehabilitation program, because Richards "will not fare well" in prison and "treatment needs exceed need for punishment." The News Journal calls it "a rare and puzzling rationale" from a judge who is known for her tough sentencing, especially given that treatment is usually reserved for first-time drug offenders, drunk drivers, and the mentally ill. While some attorneys say such a sentence isn't unheard of, a public defender notes that the case raises questions about "how a person with great wealth may be treated by the system." A defense lawyer adds, "I've never heard of the judge saying in general that he is not going to do well ... Who thrives in jail?" A suit recently filed against Richards by his ex-wife is seeking damages for assaults on the couple's two children. Initially indicted on two counts of second-degree child rape, Richards took a plea deal of one count of fourth-degree rape, which carries no mandatory minimum prison sentence, the Daily Mail notes.