A jury convicted a Broken Arrow man of first-degree rape and suggested a 13-year sentence, but the man is walking free with a sentence of probation.

The judge decided to change the jury’s sentence and the district attorney can’t appeal.

The judge’s decision to give 23-year-old Malik Vance no prison time isn't sitting well with Tulsa County DA Steve Kunzweiler.

"It sends a terrible message to victims out there and especially this particular victim after all she had been through," Kunzweiler said.

Kunzweiler said coming forward and testifying is hard enough for victims. He said the judge's decision to let Vance walk with only probation and no prison time, is a step in the wrong direction.

"It was a very difficult conversation for our prosecutors to have with the victim to report back to her, 'You know all the effort that you just went through, he's now walking the streets," he said.

A month ago, 12 jurors on the case decided Vance was guilty of rape and recommended he spend 13 years behind bars. Tulsa County Judge Sharon Holmes chose to suspend the sentence.

"From my perspective, very shocking to have something like this happen. There is a number of different things that could be done, but to give somebody who is a convicted first-degree rapist total probation on a case in which 12 people found him guilty is unheard of at least in my career," Kunzweiler said.

Vance's lawyer, Dustin Phillips, believes there were some problems with the testimony, and that might've contributed to the judge's decision. He said it was well within the judge's right.

"If you look at the judge's sentencing powers under 991-A, the first option is for probation after a jury trial. That's the first option given. But DA's like to pretend like if a jury recommends incarceration that's the judge's only option,” Phillips said.

Kunzweiler knows this but believes a convicted rapist shouldn't be on the streets.

"Somebody who's got that label ought to be serving some time in the penitentiary," Kunzweiler said.