A 65-year-old woman who was allowed to decide her rapist's prison term chose a 41/2-year sentence that will put him behind bars immediately, then said of being allowed to pick the penalty: "Wasn't that something?"

"He was so kind," the victim said of Hennepin County Judge William Posten. "He said, `It's your decision.' I liked that."Posten on Monday gave the victim two choices in the prosecution of James Halvorson, 25. She could have the case go to trial and hope for a conviction, which could have meant a 108-month prison term, or she could accept the conditions of a plea agreement for a 54-month prison sentence effective immediately.

The woman chose immediate incarceration in lieu of a trial because Halvorson was free on bond and she feared being attacked again.

Halvorson was accused of breaking into the woman's house and raping her on June 16. The woman ran to a neighbor's house to telephone police after the attacker fell asleep, Johnson said.

Halvorson's attorney, Earl Gray, said Halvorson was "drunk out of his mind" at the time.