The Judge Said What??

From the Kingman Miner: A Mohave County prosecutor established a key connection Friday between a defendant's sex-related felony in California, his sex offender registration in Mohave County and a charge of kidnapping a woman last year.
The connection allowed Superior Court Judge Steven Conn to rule Craig A. Gollihar, 52, of Kingman, ineligible for parole - and then the judge sentenced him to five years in prison.
Gollihar attempted to tie up a desk clerk he lured to his motel room in Kingman in December 2013 before she broke free during a struggle and escaped. Gollihar was charged with felony kidnapping and felony attempted sexual assault after the incident.
At a jury trial in August, Gollihar was convicted of kidnapping, but jurors couldn't decide on the other charge and it was dismissed....
"We went through a convoluted process today of the state proving you had a prior felony," said Conn. "If they had failed and you had convinced me you didn't have one, I still wouldn't have given you probation. Whether you lured the victim in and were too drunk to understand what you were doing, you knew enough to make the comment that she was pretty. This lady was working as a motel desk clerk, not in a topless bar where that behavior is expected.  http://kdminer.com/main.asp?FromHome=1&TypeID=1&ArticleID=63134&SectionID=1&SubSectionID=797
Well, I haven't been to a topless bar in quite awhile, but I am pretty sure if a drunk guy at the boobie shop lured in a dancer into an empty room, tried to rape her by putting his paws over her mouth and the only reason she escaped is she fought him off, I'm pretty sure Mr. Bouncer would take a dim view of the drunk man's action and beat the living crap out of him.
So, why would the judge think this kind of behavior is expected? 
Past experience?