The occurrence of the act of rape is usually inseparable from the uncontrolled behavior of the community, whether due to low levels of education, the influence of poor social environments, lack of understanding of religion, and misuse of internet technology. The problem is whether the sentence handed down by the Judge in case Number 146 / Pid B / 2019 / PN Kbu and what is the basis for the judge's consideration in verifying the perpetrator of the crime of rape committed against a woman with mental retardation in case Number 146 / Pid B / 2019 / PN Kbu. The method used by the author in this study was carried out through a normative and empirical approach with the research location in the Kotabumi District Court. The types of data used include primary data and secondary data. Sources of data obtained are from the results of field studies and literature studies. Data analysis uses descriptive qualitative analysis, which starts from data collection, then reduces data, then presents the data and the last is to draw a conclusion. According to the results of the author's research in the field, the criminal sanctions decided by the judge against the defendant in the case of rape of a mentally retarded woman in case number 146 / Pid.B / 2019 / PN Kbu were not in accordance with the sense of justice. Sentencing by the Panel of Judges is based on the facts revealed in the trial process, valid evidence such as witness testimony, expert testimony, letters, instructions and statements of the defendant and there is no excuse so that the defendant was found guilty in this case. Then, the basis for the judge's consideration in imposing a sentence on the defendant in the case of rape of a woman with mental retardation in case number 146 / Pid.B / 2019 / PN Kbu focused on the indictment from the Public Prosecutor, the facts that were revealed during the trial process, matters that lighten and incriminate the defendant including the attitude of the defendant during the trial. The author's suggestions for the public, especially those with a mentally retarded family, so that they can be more vigilant and control their family activities more often and for judges to be wiser in deciding criminal cases by considering several aspects such as formal, material, philosophical and sociological aspects. only driven by the Criminal Code, Criminal Procedure Code and existing legislation.