Though Robert H.

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Richards IV was convicted of rape,

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the wealthy heir to the du Pont family fortune was spared prison by a Delaware court in 2009 because he would "not fare well"

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behind bars, according to court documents CNN obtained Tuesday.Richards is a great-grandson of the chemical magnate Irenee du Pont.

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He received an eight-year prison sentence in 2009 for raping his toddler daughter,

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but the sentencing order signed by a Delaware judge said "defendant will not fare well"

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in prison and the eight years were suspended.Richards was placed on eight years' probation and ordered to get treatment and register as a sex offender,

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the documents show. He was also prohibited from having contact with children under 16,

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including his own children.The documents were never sealed,

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yet the ruling managed to go unnoticed until March, when Richards' former wife,

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Tracy Richards, filed a lawsuit in Delaware Superior Court on behalf of their children alleging "

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personal injuries arising from the childhood sexual abuse." The 11-page suit alleges that not only was their daughter abused,

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but Richards abused their son,

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too. The suit seeks unspecified monetary damages.While he was convicted of raping his daughter,

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Richards has never been charged with sexually molesting his son, according to Jason Miller,

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a spokesman for the Delaware attorney general's office.CNN tried repeatedly to reach Richards and Eugene Maurer,

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the attorney who represented him in 2009. Maurer is no longer representing Richards, his assistant told CNN on Wednesday. CNN asked if he had a comment;

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he has not offered one.Attorney John C.

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Balaguer is representing Richards in the civil case, his assistant told CNN.

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Balaguer has not returned e-mails or voice mail messages CNN has left for him.This week,

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after news of Richards' 2009 case came to light, many took to Twitter to criticize the judge in the case,

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saying that it echoed a recent

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Texas case in which a wealthy teenager driving

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drunk killed four people but received no jail time. Ethan Couch was sentenced last year to 10 years' probation.

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A witness in Couch's case claimed the teenager was a victim of "affluenza" -- the product of wealthy,

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privileged parents who never set limits for the boy.