That's because when he ended up in the young girl's bedroom....he was still on probation from a separate sex crime involving another young girl three years earlier.

Today he was in court for that probation violation.

Under the terms of his post-release control for his earlier conviction of gross sexual imposition, Victor Stevens had a lot of rules to comply with.

When he ended up with a young girl in the middle of the night, a jury ruled it wasn't rape.

But it apparently was a parole violation.

Nobody contested the facts.

Stevens admitted to the judge he was out past his curfew and he was having unsupervised contact with a minor.

Judge Jennifer Sargus said for that he'll have to stay in jail another eight months and seven days.

The disagreement came on where he should serve that time.

The defense claimed Stevens is mentally handicapped and suggested the Belmont County Jail.

"I suppose he is obviously adjusting to the current situation in the jail here, so I guess the court was ultimately concerned at how he would adjust to another facility," said Defense Attorney Eric Costine.

The assistant prosecutor said he's not convinced that Victor Stevens is mentally handicapped and needs any special consideration.

"He was on probation for a GSI," said Scott Lloyd, assistant prosecutor. "He's admitted violations this time involving another young girl. I think the appropriate facility for Mr. Stevens is the penitentiary."

The judge will make a decision in the near future.

Until then, Victor Stevens remains in the Belmont County Jail.

The judge asked the deputies about Stebvens' behavior in jail.

They said he is a model prisoner.

He'll have another hearing on Nov. 30.