I had the same thought, but what makes it seem credible is the sentence he gave him:

"After the alleged abuse, the judge gave him an extremely light sentence, allowing him to avoid any jail time in exchange for community service, the suit states.

Napolitano went on to vacate the community service — even after Corbishley failed three separate drug tests and violated his probation, according to the suit."

Also we don't know if the dude was straight.