In October 2007, Mr. Richards' six-year-old daughter told her grandmother, Donna Burg, that her father had sexually assaulted her several times in 2005. According to the girl, her father penetrated her with his finger at night in her bedroom. He told his daughter to keep what he had done to her a secret. The grandmother passed this information on to the victim's mother, Tracy Richards. The mother took her daughter to a pediatrician who confirmed that she had been sexually assaulted.
In December 2007, a grand jury sitting in New Castle County indicted Robert Richards on two counts of second-degree rape. If convicted of the felonies he faced a mandatory prison sentence. Following his arrest he retained the services of a high-powered Delaware defense attorney named Eugene J. Maurer Jr.
Having denied his daughter's accusations, Robert Richards agreed to take a polygraph test. When advised by the lie detection examiner that he had failed the test he confessed to sexually assaulting his daughter. He said he was mentally ill and in need of psychiatric treatment.
In June 2008, attorney Maurer and New Castle County prosecutor Renee Hrivnak agreed on a plea arrangement. According to the deal, Mr. Richards would plead guilty to one count of fourth-degree rape. This was not an offense that called for an automatic stretch in prison.
Superior Court Judge Jan Jurden, in January 2009, sentenced Robert Richards to Level 2 probation. Under the terms of his sentence he would visit a case officer once a month. He also paid a $4,395 fine to the Delaware Violent Crimes Compensation Board.
Judge Jurden, in justifying the probated sentence, wrote that prison life would be especially difficult for Mr. Richards, and that he would not fare well behind bars. In her mind prison was for drug dealers, robbers and murderers, not for child molesters in need of psychiatric treatment.
In March 2014, Robert Richards' ex-wife Tracy filed a lawsuit against him on behalf of their children. The plaintiff sought compensatory and punitive damages for assault, negligence and the intentional infliction of emotional stress on his daughter and her younger brother.
According to the affidavit in support of the lawsuit, Mr. Richards, in anticipation of a second polygraph test in April 2010, expressed concern about something he had done to his son in December 2005. He was worried that he sexually assaulted the then 19-month-old boy. Richards promised that whatever he had done to that child it would not happen again.
Richards' incriminating remarks, sparked by the lie detector test he took in 2010 following his probated sentence for sexually assaulting his daughter were not make public until Tracy Richards filed her lawsuit. The new information inflamed a public already angry over what seemed to be Richards' preferential treatment by the prosecutor and Judge Jurden.
On June 28, 2014, Robert Richards' attorney negotiated a settlement agreement with his client's former wife. The amount of the settlement was not disclosed. No charges were filed against Richards in connection with the possible molestation of his son.